“Authority means Land Transport New Zealand established by section 66

“land transport —

• “(a) means—

  • “(i) transport on land by any means:

  • “(ii) the infrastructure, goods, and services facilitating that transport; and

• “(b) includes—

  • “(i) coastal shipping (including transport by means of harbour ferries, or ferries or barges on rivers or lakes) and associated infrastructure:

  • “(ii) the infrastructure, goods, and services (including education and enforcement), the primary purpose of which is to improve public safety in relation to the kinds of transport described in paragraph (a)(i)

“Minister or responsible Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act”.

• “(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.”

• “(ab) to the Authority for approved activities:”.

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

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

  • “(i) arise out of the performance of its functions and duties; and

  • “(ii) have been approved by the responsible Minister; and”.

• “(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.”

“12A Authority's land transport programme

• “(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.”

“14 Variation of land transport programmes

• “(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.”

• “(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.”

• “(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.”

“20A Authority may not withhold approval of activities and activity classes approved under section 12A without Minister's consent

• 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.”

“Part 3
“Administrative provisions relating to Land Transport New Zealand and Transit, and miscellaneous provisions

“Land Transport New Zealand

“66 Establishment of Land Transport New Zealand

• This section establishes Land Transport New Zealand.

“67 Crown entity status

• The Authority is a Crown entity for the purposes of the Public Finance Act 1989.

“68 Objective of Authority

• “(1) The objective of the Authority is to allocate resources and to undertake its functions in a way that contributes to an integrated, safe, responsive, and sustainable land transport system.

  “(2) In meeting its objective, the Authority must exhibit a sense of social and environmental responsibility, which includes—

  • “(a) avoiding, to the extent reasonable in the circumstances, adverse effects on the environment; and

  • “(b) ensuring, to the extent practicable, that persons or organisations preparing land transport programmes—

    • “(i) take into account the views of affected communities; and

    • “(ii) give early and full consideration to land transport options and alternatives in a manner that contributes to the matters in paragraph (a) and subparagraph (i); and

    • “(iii) provide early and full opportunities for the persons and organisations listed in section 15 to contribute to the development of land transport programmes.

“69 Functions of Authority

• “(1) The functions of the Authority are—

  • “(a) to promote land transport sustainability in New Zealand:

  • “(b) to prepare and adopt a land transport programme under section 12A and a national land transport programme under section 19:

  • “(c) to review and revise the national land transport programme in accordance with its most recent performance agreement:

  • “(d) to approve activities and activity classes:

  • “(e) to make payments from the national land transport account as authorised by this Act:

  • “(f) to promote safe transport on land in New Zealand:

  • “(g) to provide safety information and advice, and to foster appropriate information education programmes that promote its objective:

  • “(h) to investigate and review accidents and incidents involving transport on land in its capacity as the responsible safety authority, subject to any limitations set out in the Transport Accident Investigation Commission Act 1990:

  • “(i) to approve procurement procedures under section 25:

  • “(j) to maintain and preserve records and documents concerning activities within the land transport system, and in particular to maintain the Land Transport Register under the Land Transport Act 1998:

  • “(k) to audit the performance of approved organisations in relation to activities approved by the Authority and the operation of the organisation's land transport disbursement account:

  • “(l) to assist and advise approved organisations in relation to the Authority's functions, duties, and powers under this Act and the Land Transport Act 1998:

  • “(m) to fund research, education, and training activities and activity classes:

  • “(n) to provide the Minister with any information and advice relating to the Authority's functions that the Minister may request:

  • “(o) to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the Authority's functions and duties will not be compromised:

  • “(p) to carry out any other functions relating to land transport that the Minister requests or directs.

  “(2) The Authority's statutorily independent functions are—

  • “(a) to determine whether particular activities should be included in a national land transport programme; and

  • “(b) approving activities; and

  • “(c) approving procurement procedures.

  “(3) Subsection (2) does not apply in relation to—

  • “(a) activities that are included in a land transport programme prepared by the Authority:

  • “(b) activities relating to the police.

“70 Separate legal personality

• The Authority is a legal entity in its own right separate from its board members and the Crown, and continues in existence until dissolved by an Act.

“71 Capacity and powers

• “(1) The Authority has—

  • “(a) the capacity, rights, powers, and privileges of a natural person; and

  • “(b) any additional powers conferred by this Act or any other enactment.

  “(2) The Authority may exercise its powers only for the purpose of carrying out its functions.

“72 Authority's board

• “(1) The Authority's board must have at least 6, but no more than 8, board members.

  “(2) The board members are appointed by the responsible Minister.

“73 Further provisions about Authority

• Schedule 4 applies to the Authority.

“74 Use of words Land Transport New Zealand

• “(1) No company or other body may be incorporated or registered under a name that contains the words Land Transport New Zealand or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles a name containing those words that it is likely to deceive.

  “(2) On or from the commencement of this Act until the close of 31 December 2006, no company or other body may be incorporated or registered under a name that contains the words Land Transport Safety Authority of New Zealand or the word Transfund or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles a name containing those words that it is likely to deceive.

  “(3) Nothing in subsection (1) or subsection (2) applies to the Authority or to any person who is appropriately authorised by the Authority.”

• “(ga) to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and Transit are satisfied that the performance of Transit's functions and duties will not be compromised:”.

• “(4) In the case of the Authority, include any activity or activity class to be delivered by the Commissioner.

• “(5) In the case of an approved organisation, include any activity or activity classes that the approved organisation recommends for inclusion in the Authority's land transport programme for the next financial year.”

• “(1A) Include any activity or activity class to be delivered by the Commissioner.”

“3

• Any directions under clause 8 of Schedule 4

“3A

• The following matters:

  • “(a) the particular activity classes for which funds are to be provided by the Authority:

  • “(b) the level of funding for each of those activity classes:

  • “(c) the criteria for setting the proportion of funding to approved organisations for approved activities.”