This section establishes the Auckland Regional Transport Committee.

The purpose of the ARTC is to develop and maintain a long-term strategic direction for land transport in Auckland that is shared by Auckland Council and the Government, so that there will be—

The functions of the ARTC are to—

Auckland Council may delegate to the ARTC any of its strategic responsibilities, duties, functions, or powers that relate to land transport in Auckland.

Before delegating a responsibility, duty, function, or power under subsection (1), Auckland Council must consult the Minister of Transport.

A delegation does not prevent Auckland Council from performing any responsibility, duty, or function, or exercising any power, or affect Auckland Council’s responsibility for the actions of the ARTC under the delegation.

The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister of Transport, make regulations that prescribe transport functions that the ARTC must perform (in addition to the functions set out in section 38A).

Before making a recommendation under subsection (1), the Minister of Transport must consult the mayor.

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

The ARTC comprises the following members:

The chairperson of the ARTC is jointly appointed by—

When appointing the chairperson, sections 28 to 31 of the Crown Entities Act 2004 apply—

Despite subsection (2),—

When appointing the members referred to in section 38D(b), sections 28 to 31 of the Crown Entities Act 2004 apply—

Despite subsection (1), section 31(2) of that Act does not apply.

Before the mayor appoints the members referred to in section 38D(c), the mayor must have consulted the governing body.

A member of the ARTC holds office for 3 years or for any shorter period stated in the notice of appointment.

A member may be reappointed.

This section is subject to sections 39 to 39B.

A member of the ARTC referred to in section 38D(a), (b), or (c) may resign from office by written notice to the mayor and the Minister of Transport (with a copy to the ARTC) signed by the member.

A resignation under subsection (1) is effective on receipt of the notice by both the mayor and the Minister, or at any later time specified in the notice.

A member referred to in section 38D(d), (e), or (f) may resign from office by giving notice to their appointing organisation in any manner required by the organisation, if any.

If a member resigns under subsection (3),—

The mayor and the Minister of Transport may, jointly, at any time and entirely at their discretion, remove the chairperson of the ARTC from office.

The Minister of Transport may, at any time and entirely at the Minister’s discretion, remove a member referred to in section 38D(b) from office.

The mayor may, at any time and entirely at the mayor’s discretion, remove a member referred to in section 38D(c) from office.

The following requirements apply to the removal of a member under subsection (1), (2), or (3):

A member referred to in section 38D(d), (e), or (f) may be removed from office by their appointing organisation, and—

If a member of the ARTC becomes a member of Parliament, the member’s appointment to the ARTC ends.

If a member referred to in section 38D(c) ceases to be a member of the governing body (for example, because of the operation of clause 1 of Schedule 7 of the Local Government Act 2002), the member’s appointment to the ARTC ends.

Subsection (2) applies if—

If this subsection applies, a vacancy exists in the ARTC until the member is reappointed or replaced.

A vacancy in the ARTC does not affect the validity of any act or proceeding of the ARTC or of a subcommittee of the ARTC.

A member of the ARTC is not entitled to any compensation or other payment or benefit relating to their ceasing, for any reason, to hold office as a member.

The chairperson of the ARTC is entitled to receive remuneration not within section 39F for services as the chairperson at a rate and of a kind jointly determined by the mayor and the Minister of Transport in accordance with the fees framework.

The chairperson’s remuneration must be paid by the Crown and Auckland Council in equal shares.

The members referred to in section 38D(b) are entitled to receive from the Crown remuneration not within section 39F for services as members at a rate and of a kind determined by the Minister of Transport in accordance with the fees framework.

The members referred to in section 38D(c) are entitled to receive from Auckland Council remuneration not within section 39F for services as members at a rate and of a kind determined by the Remuneration Authority in accordance with the Remuneration Authority Act 1977.

A member appointed under section 38D(d), (e), or (f) is not entitled to any remuneration for services as a member of the ARTC in addition to their remuneration in respect of that office or position.

The chairperson of the ARTC is entitled, in accordance with the fees framework, to be reimbursed for their actual and reasonable travelling and other expenses incurred in carrying out their office as the chairperson.

The chairperson’s expenses must be paid by the Crown and Auckland Council in equal shares.

The members referred to in section 38D(b) are entitled, in accordance with the fees framework, to be reimbursed by the Crown for actual and reasonable travelling and other expenses incurred in carrying out their office as a member.

The members referred to in section 38D(c) are entitled, in accordance with the Fees and Travelling Allowances Act 1951, to be reimbursed by Auckland Council for travelling and other expenses incurred in carrying out their office as a member, and the provisions of that Act apply accordingly.

A member of the ARTC must—

Schedule 3 applies to the ARTC.

The appointment of a person as a member or chairperson of the ARTC is not invalid only because a defect existed in the appointment of the person.

This section does not apply to—

The acts of a person as a member or chairperson of the ARTC are valid even though—

The ARTC must hold the meetings that are necessary for it to undertake its functions and, at a minimum, must meet once every 3 months.

The ARTC may, in its discretion, hold a meeting in private or in public.

If a meeting is held in public, the ARTC must allow a reasonable opportunity for members of the public to speak or otherwise put forward their views.

The Council’s chief executive and the Secretary are the permanent advisors to the ARTC.

The permanent advisors are not members of the ARTC.

The ARTC must seek and consider advice from the permanent advisors on all significant matters relating to the performance of its functions.

This section does not prevent the ARTC from seeking advice from any other person.

Each member appointed under section 38D(a), (b), or (c) has 1 vote.

In addition to a general vote, the chairperson has, in the case of an equality of votes, a casting vote.

A resolution of the ARTC is passed if it is agreed to by all members who are entitled to vote and who are present, or if a majority of the votes cast on it are in favour of it.

A member who is entitled to vote and who is present at a meeting of the ARTC is presumed to have agreed to, and to have voted in favour of, a resolution unless they expressly dissented from or voted against the resolution at the meeting.

The ARTC may appoint any subcommittees that it considers appropriate.

A subcommittee is subject to the control of the ARTC and must carry out all general and special directions given to it by the ARTC.

At least 1 member of a subcommittee must be a member of the ARTC.

The ARTC may appoint to a subcommittee a person who is not a member of the ARTC if, in the opinion of the ARTC, that person has the skills, attributes, or knowledge that will assist the work of the subcommittee.

The ARTC may discharge or reconstitute a subcommittee at any time.

The ARTC must adopt a set of standing orders for the conduct of its meetings and those of its subcommittees.

The standing orders must not contravene this Act.

The ARTC or subcommittee may temporarily suspend standing orders during a meeting, and the reason for the suspension must be stated in the resolution of suspension.

The adoption, suspension, amendment, or replacement of the standing orders requires a vote of not less than 75% of the members present.

The ARTC must keep minutes of its decisions.

Minutes of decisions are prima facie evidence of those decisions.

Minutes must be made available to the public in any manner and format that the ARTC considers appropriate.

The ARTC may, when complying with subsection (3), withhold any information contained in the minutes if there is good reason for withholding the information under section 5 of the Official Information Act 1982.

The ARTC must give regular reports to the Minister of Transport and the mayor on its activities.

The ARTC must prepare and complete a 30-year transport plan for Auckland.

The purpose of a plan is to provide direction for the development of land transport in Auckland for the following 30 years that—

A plan must promote the following objectives:

A plan is effective after it has been approved by—

Without limiting section 42G, Auckland Council must take the 30-year transport plan for Auckland into account when preparing any relevant plans or policies.

After a plan has been approved under section 42(4), it must be made available to the public in any manner and format that the ARTC considers appropriate to the preferences and needs of the persons who will or may be affected by, or have an interest in, the plan.

When preparing a 30-year transport plan for Auckland, the ARTC must—

When preparing a plan, the ARTC must take into account—

In subsection (2)(b), strategies and policies includes a national environmental standard, a national policy statement, or a national planning standard made under Part 5 of the Resource Management Act 1991.

A 30-year transport plan for Auckland must include—

The ARTC must undertake consultation in accordance with this section in relation to a 30-year transport plan for Auckland before the plan can be approved under section 42.

The ARTC must follow the following consultation process:

The ARTC must, in addition to the consultation under subsection (2), consult Māori in relation to the proposed plan.

Sections 42B and 42D do not apply to minor or technical amendments to a 30-year transport plan for Auckland.

The ARTC must, within 6 years of the completion of a 30-year transport plan for Auckland under section 42,—

If the Minister of Transport and the mayor think a plan should be reviewed and replaced at an earlier time than the time specified in subsection (1), they may jointly instruct the ARTC to comply with subsection (1) by the date specified in their instruction.

When preparing the LTP, Auckland Council must take the 30-year transport plan for Auckland into account.

This section continues the transport council-controlled organisation for Auckland (the transport CCO) that was established by section 38 of this Act as in force immediately before the commencement of the Local Government (Auckland Council) (Transport Governance) Amendment Act 2025.

The transport CCO is—

For the purposes of the Local Government Act 2002, Auckland Council must be treated as if it were the sole shareholder of the transport CCO.

The purpose of the transport CCO is to provide public transport services in Auckland that connect communities in an efficient, effective, and safe manner, and perform any of its other functions, in accordance with—

In meeting its principal objective (as a council-controlled organisation) under section 59 of the Local Government Act 2002, and in performing its functions, the transport CCO must—

In fulfilling its purpose, the transport CCO has—

Subsection (1) is subject to the rest of this Act.

For the purposes of section 43(2)(b), Part 5 of the Local Government Act 2002 applies to the transport CCO with the modifications set out in subsections (2) and (3).

The following provisions of Part 5 of the Local Government Act 2002 do not apply to the transport CCO:

Section 60 of the Local Government Act 2002 must be read as if the following paragraphs were inserted after paragraph (b):

The primary function of the transport CCO is to provide public transport services within Auckland.

The transport CCO has the following additional functions:

In this section, public transport service has the meaning given in section 5(1) of the Land Transport Management Act 2003.

Nothing in this section vests ownership of any road, land, or other property in the transport CCO or affects the operation of section 316(1) of the Local Government Act 1974.

The transport CCO may delegate to any of its committees or employees any of its responsibilities, duties, functions, and powers (the specified actions) except—

A delegation under this section—

The transport CCO’s power to delegate to a committee or employee under subsection (1) includes the power to delegate anything precedent to the transport CCO’s exercise or performance of a power or duty (after consultation with the committee or employee).

In respect of a committee or employee delegated a specified action under subsection (1), the committee or employee may subdelegate the specified action to a subcommittee or other person (as the case may be).

A subdelegation under this section—

A person to whom any specified action is delegated or subdelegated may exercise or perform that specified action in the same manner, subject to the same restrictions, and with the same effect as if the specified action had been directly conferred on them by this Act and not by delegation or subdelegation.

A delegation or subdelegation does not affect the transport CCO’s liability or legal responsibility to perform, or to ensure the performance of, any function or duty.

This section—

Nothing in this Part confers jurisdiction on the transport CCO in respect of roads within the meaning of section 2(1) of the Land Transport Act 1998 that are not roads within the meaning of section 315 of the Local Government Act 1974.

The governing body of the transport CCO is the board of directors.

The board of directors comprises no fewer than 3 and no more than 5 directors.

The board, including its chairperson and deputy chairperson, must be appointed by the Auckland Council.

However, the Auckland Council must not appoint a person as a director if that person is—

The powers and functions of the transport CCO are not affected by any vacancy in the membership of the board of directors.

A director must not—

When acting as a director, a director must—

The acts of a person as a director, chairperson, or deputy chairperson of the transport CCO are not invalidated by—

The Auckland Council may delegate any of its responsibilities, duties, functions, and powers (the specified actions) to the transport CCO if—

However,—

A delegation under this section—

In respect of a delegation of a specified action under subsection (1), the transport CCO may subdelegate that specified action to an employee of the transport CCO.

A subdelegation under this section—

Subject to any restriction or condition specified in a delegation or subdelegation under this section, the transport CCO or subdelegate (as the case may be) may exercise or perform the specified action to which the delegation or subdelegation relates in the same manner, subject to the same restrictions, and with the same effect as if the specified action had been directly conferred on them by this Act and not by delegation or subdelegation.

A delegation or subdelegation under this section does not—

The Auckland Council may make rules by which the transport CCO must operate, including rules in relation to—

A rule made under this section must not be inconsistent with the rest of this Act or with Part 5 of the Local Government Act 2002.

Section 6(3)(d) of the Local Government Act 2002 applies to a rule made under this section.

The transport CCO must not borrow any funds without the written agreement of the Auckland Council.

The Auckland Council is the road controlling authority (as defined in section 2(1) of the Land Transport Act 1998) in relation to the roads within Auckland.

See sections 47A to 47D for the division of responsibilities between the governing body and local boards in respect of the powers, functions, and responsibilities of the Auckland Council as a road controlling authority.

This section sets out the division of transport powers, functions, and responsibilities between the governing body and local boards.

The transport powers, functions, and responsibilities of the Auckland Council may only be exercised and performed by the governing body, except—

If sections 47A to 47D are inconsistent with Part 2, then sections 47A to 47D (as the case may be) prevail.

In exercising or performing the powers, functions, and responsibilities specified in sections 47A to 47D, the governing body or local board (as the case may be) must be satisfied that doing so would not unreasonably interrupt—

A local board has the powers, functions, and responsibilities as specified in Schedule 4 in relation to local roads and collector roads within its local board area.

Unless this section specifies otherwise, a local board exercising or performing a power, function, or responsibility under this section may do so in the same manner, subject to the same restrictions and requirements, and with the same effect as if the power, function, or responsibility were directly conferred on it by the relevant provision.

In exercising the powers, performing the functions, and carrying out the responsibilities described in this section, a local board must collaborate and co-operate with 1 or more other local boards in the situations where the interests and preferences of communities within each local board area will be better served by doing so.

The Governor-General may, by Order in Council, do any of the following on the recommendation of the Minister of Transport:

The Minister of Transport must not make a recommendation for the purposes of subsection (4) unless the recommendation is with the concurrence of the Auckland Council.

An order under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

This section applies to the Auckland Council for the purposes of making a bylaw under section 22AB of the Land Transport Act 1998.

For the Auckland Council to make a bylaw, the governing body and each local board must agree to the making of the bylaw.

However, despite subsection (2), the Auckland Council may make a bylaw if—

In respect of the making of a bylaw under subsection (2) or (3), a local board must notify the governing body, in writing, of whether the local board agrees to the making of the bylaw within a reasonable time specified by the governing body.

Under subsection (3), the governing body may consider that a local board has unreasonably withheld its agreement if (without limitation) the local board’s position is—

For the purposes of section 22AB(3) of the Land Transport Act 1998, a reference to a road controlling authority is to be read as follows:

The Auckland Council must develop, approve, and maintain the Auckland Roading Classification Framework (the Roading Framework).

The Roading Framework must classify a road, other than a State highway, within Auckland as—

In addition to classifying roads under subsection (2), the Roading Framework must also specify the area that is the Auckland city centre.

Before the Auckland Council approves or varies the Roading Framework,—

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

The Auckland Council must,—

Before completing the report, the Auckland Council must consult any person the Council considers appropriate.

As soon as practicable after the Auckland Council has completed the report,—

Nothing in this Part limits or affects the Auckland Council’s jurisdiction in respect of roads within the meaning of section 2(1) of the Land Transport Act 1998 that are not roads within the meaning of section 315 of the Local Government Act 1974.