Local Government (Auckland Council) (Transport Governance) Amendment Bill
Local Government (Auckland Council) (Transport Governance) Amendment Bill
Local Government (Auckland Council) (Transport Governance) Amendment Bill
Local Government (Auckland Council) (Transport Governance) Amendment Bill
Government Bill
201—1
Explanatory note
General policy statement
The Local Government (Auckland Council) (Transport Governance) Amendment Bill (the Bill) seeks to improve the transport system in Auckland by strengthening transport governance and planning arrangements.
Background to Bill
The transport network in Auckland is struggling to efficiently and effectively move people and goods across the city. Congestion is costing the city up to $1.4 billion annually, and Auckland is slipping in international rankings for connectivity. Public trust and confidence in transport decision making is low. The underperformance of Auckland’s transport system ultimately undermines the economic premium that Auckland should be contributing to the national economy.
Compared with the rest of New Zealand, the transport system in Auckland operates within unique circumstances. Auckland has bespoke transport governance and delivery arrangements, established in 2010 by the Local Government (Auckland Council) Act 2009. Auckland is also New Zealand’s largest city and is experiencing significant population growth. This makes it distinct nationally in terms of the scale of demand for transport and the types of investment and policy interventions required.
For example, some of Auckland’s arterial roads carry more traffic than State highways in the rest of the country, the metropolitan rail network is significantly larger than New Zealand’s only other metro rail system, and increasingly rapid transit busways are required to move large volumes of passengers in less congested corridors.
While a range of measures are required to address Auckland’s transport challenges, existing transport governance and planning arrangements are not contributing sufficiently to the delivery of an efficient and effective transport system for Auckland.
The following are 2 key areas of weakness within the current system that this Bill addresses:
a lack of democratic accountability for transport decision making with the non-elected Auckland Transport Board making most transport decisions across strategy, policy, and delivery, a role that is undertaken by locally elected members in other regions; and
a lack of joint government and Auckland Council long-term transport planning, resulting in the absence of a longer-term cohesive shared view across government, Auckland Council, and delivery agencies.
Policy objectives
The Bill reforms transport governance and planning arrangements in Auckland by—
ensuring democratic accountability for transport decision making in Auckland; and
strengthening the role of the Government and Auckland Council in long-term integrated transport planning in Auckland.
The Bill achieves these policy objectives as follows:
Establishing Auckland Regional Transport Committee responsible for strategic transport planning
The Bill establishes a statutory committee: the Auckland Regional Transport Committee (the ARTC). Voting membership will comprise ministerial appointees and Auckland Council elected members, along with an independent chair. The ARTC will develop a 30-year transport plan for Auckland for joint approval by the Minister of Transport and Auckland Council. This plan will align the transport priorities of the Government and Auckland Council, as well as provide direction for the development of land transport in Auckland. The ARTC will also develop the Auckland regional land transport plan (the RLTP) for approval by Auckland Council. The ARTC will establish clear direction for transport entities, optimise joint government and Auckland Council funding, reduce current inefficient and duplicative processes across agencies, and provide more certainty on investment priorities and other interventions.
Making most transport decisions responsibility of Auckland Council
The Bill transfers most transport functions from Auckland Transport to Auckland Council. This includes regional transport policy and planning such as approval of the RLTP and the regional public transport plan. Auckland Council will also be responsible for delivering the transport capital programme, as well as for renewals and maintenance of transport infrastructure. Auckland Council becomes the road controlling authority for Auckland, undertaking wide-ranging functions covering policy, regulatory, and operational matters, including the power to make bylaws under the Land Transport Act 1998. These changes ensure that Auckland Council will be electorally accountable to Aucklanders for most transport decisions.
Allocating specific transport functions to Auckland local boards
The Bill allocates decision making for local transport functions on local roads to local boards. Local boards were established to make decisions on local matters, but to date all local decision making on transport in Auckland has been undertaken at a regional level by Auckland Transport. A greater role in transport decision making by local boards will support the policy objective of strengthening local democratic accountability and ensure appropriate local expertise and community engagement.
Reforming role and functions of Auckland Transport
The Bill repeals the legislation that established Auckland Transport and re-establishes a statutory transport council-controlled organisation (CCO). The reformed transport CCO will be responsible for the provision of public transport services in Auckland. Other transport delivery functions that are currently performed by Auckland Transport will become the responsibility of Auckland Council. A statutory CCO provides a dedicated focus on providing an effective, efficient, and safe public transport system, which is a key priority for Auckland.
Departmental disclosure statement
The Ministry of Transport is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2025&no=201
Regulatory impact statement
The Ministry of Transport produced a regulatory impact statement on 19 November 2024 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at—
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 provides that the Bill comes into force on the day after Royal assent.
Clause 3 provides that the Bill amends the Local Government (Auckland Council) Act 2009 (the principal Act).
Part 1Amendments to Parts 1 and 2
Clause 4 amends section 4 of the principal Act. It replaces the definition of Auckland Transport with a definition of transport CCO (see new subpart 3 of Part 4 of the principal Act), and makes an associated amendment to the definition of substantive council-controlled organisation.
Clause 5 inserts new section 4B, which provides that the principal Act does not bind the Crown except for the specified provisions of the principal Act.
Clauses 6 to 10 amend sections 7 and 12 to 15 of the principal Act. Those provisions provide for the division of decision-making responsibilities between the governing body and local boards of the Auckland Council. The amendments clarify the interaction between those provisions and the new provisions in Part 4 of the principal Act that divide transport powers, functions, and responsibilities between the governing body and local boards (see new sections 47A to 47D).
Clause 11 amends section 16 of the principal Act to update a reference to a repealed provision of the principal Act.
Part 2Amendments to Part 4
Clause 12 inserts new definitions of arterial road, Auckland Regional Transport Committee or ARTC, Auckland Roading Classification Framework or Roading Framework, city centre road, collector road, fees framework, local road, natural person act, permanent advisors, and Secretary; repeals the definitions of Auckland transport system, Director of Land Transport, and New Zealand Railways Corporation; and amends the definition of director.
Clause 13 repeals sections 38 to 56.
Clause 14 inserts new subparts 1 to 4 of Part 4.
Auckland Regional Transport Committee
New subpart 1 is about the Auckland Regional Transport Committee (the ARTC).
New sections 38 to 38G establish the ARTC and set out its purpose, functions, and membership as follows:
Its purpose is to develop and maintain a strategic direction for land transport in Auckland shared by both the Auckland Council and the Government (see new section 38).
Its functions are to prepare the 30-year transport plan for Auckland and monitor its delivery, consult on and prepare the regional land transport plan for Auckland, and undertake other strategic transport functions delegated to it by the Auckland Council or prescribed by regulations. Before delegating a strategic transport function to the ARTC, the Auckland Council must consult the Minister of Transport. Regulations prescribing additional functions must be made on the recommendation of the Minister of Transport after consulting the mayor (see new sections 38A to 38C).
The members are a chairperson, up to 3 members appointed by the Minister of Transport, up to 3 members appointed by the mayor (who must be members of the governing body of the Auckland Council), and 3 non-voting members appointed by and to represent the New Zealand Transport Agency, KiwiRail Holdings Limited, and the transport CCO (who must hold an office or position within their appointing organisation) (see new section 38D).
The chairperson is jointly appointed by the mayor and the Minister of Transport in accordance with the procedure in new section 38E. The mayoral and ministerial appointments must be made in accordance with the procedure in new section 38F. Members hold office for 3 years or any shorter period stated in the notice of appointment, and they may be reappointed (see new sections 38E to 38G).
New sections 39 to 39F set out detailed provisions about membership of the ARTC, including matters such as resignation, removal, vacation of office, and remuneration, as follows:
The chairperson, the ministerial appointees, and the mayoral appointees may resign by written notice to the mayor and the Minister of Transport. The non-voting members may resign by giving notice to their respective organisations (see new section 39).
The chairperson may be removed jointly by the mayor and the Minister of Transport. The ministerial appointees may be removed by the Minister of Transport, the mayoral appointees may be removed by the mayor, and the non-voting members may be removed by their respective organisations (see new section 39A).
A member’s appointment automatically ends if they become a member of Parliament or (in the case of a mayoral appointee) they cease to be a member of the governing body of the Auckland Council (see new section 39B).
When a member’s term of office expires, or if they resign, are removed, or their appointment ends, there is a vacancy in the ARTC until the member is replaced, and the vacancy does not affect the validity of any act or proceeding of the ARTC. The member is not entitled to any compensation or other payment or benefit relating to their ceasing to hold office as a member (see new sections 39C and 39D).
The remuneration of the chairperson is jointly determined by the mayor and the Minister of Transport in accordance with the fees framework, and is paid by the Crown and the Auckland Council in equal shares. The remuneration of the ministerial appointees is determined by the Minister of Transport in accordance with the fees framework and paid by the Crown. The remuneration of the mayoral appointees is determined by the Remuneration Authority and paid by the Auckland Council. The non-voting members are not entitled to any remuneration in addition to the remuneration they receive in respect of the office or position they hold with their organisation. The chairperson’s travelling and other expenses are reimbursed by the Crown and the Auckland Council in equal shares and in accordance with the fees framework. The expenses of the ministerial appointees are reimbursed by the Crown in accordance with the fees framework. The expenses of the mayoral appointees are reimbursed by the Auckland Council in accordance with the Fees and Travelling Allowances Act 1951 (see new sections 39E and 39F).
New sections 40 to 40C set out the duties of members, provide for conflicts of interest, and state when the appointments and acts of members are valid despite irregularities, as follows:
The duties of members are to not break the law, to act with honesty and integrity, to act in good faith and not pursue their own interests, and to exercise reasonable care, diligence, and skill (see new section 40).
The rules in new Schedule 3, which deal with conflicts of interest, apply to the members of the ARTC (see new section 40A).
The appointment of a person as a member or chairperson is not invalid just because there was a defect in the appointment, unless the defect related to their qualifications for appointment. The acts of a person as a member or chairperson are valid despite a defect in their appointment, being disqualified from being a member, or their appointment having ended (see new sections 40B and 40C).
New sections 41 to 41F are about the ARTC’s meetings, decision making, and reporting requirements, as follows:
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. Meetings can be in private or in public. If a meeting is in public, the ARTC must allow a reasonable opportunity for members of the public to speak or otherwise put forward their views (see new section 41)).
The ARTC has 2 permanent advisors. They are the chief executive of the Auckland Council and the Secretary for Transport. The ARTC must seek and consider advice from the permanent advisors on all significant matters (see new section 41A).
At meetings of the ARTC, the chairperson and the ministerial and mayoral appointees have 1 vote. In addition, the chairperson has a casting vote (see new section 41B).
The ARTC may appoint subcommittees. At least 1 member of a subcommittee must be a member of the ARTC, but a non-member can be appointed if the ARTC thinks that person has the skills, attributes, or knowledge to assist the subcommittee (see new section 41C).
The ARTC must adopt a set of standing orders (which can be temporarily suspended) for the conduct of its meetings and subcommittees. The decision to adopt, suspend, amend, or replace the standing orders requires a 75% majority. The ARTC must keep minutes, which are publicly available except when 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 (see new sections 41D to 41F).
30-year transport plan for Auckland
New subpart 2, which comprises new sections 42 to 42G, establishes the role of the 30-year transport plan for Auckland (the 30-year plan) as follows:
The 30-year plan is prepared by the ARTC, and is effective after it has been approved by the Minister of Transport and the Auckland Council. After the plan has been approved, it must be made available to the public. The purpose of the plan is to provide direction for the development of land transport in Auckland, aligning the priorities of the Government and Auckland Council, and setting the strategic direction for planning, funding, and investment. The plan must promote productivity and economic growth, the safe and rapid movement of people and goods, and efficient asset management (see new sections 42 and 42A).
When the ARTC prepares the plan, it must seek direction from the Minister of Transport and the mayor, and it must establish and maintain processes to provide opportunities for Māori to contribute. The ARTC must take into account the GPS on land transport issued under section 66 of the Land Transport Management Act 2003, and government and Auckland Council strategies and policies that have implications for transport and land use (including certain instruments made under Part 5 of the Resource Management Act 1991) (see new section 42B).
The plan must include the long-term strategic direction for the transport system in Auckland, the results that are intended, the policies and actions necessary to achieve the results, how progress will be measured, detailed investment priorities for the first 10 years, general investment priorities for the 30-year period, and details of the funding sources (see new section 42C).
The ARTC must undertake public consultation in relation to the proposed plan and must, in addition, consult Māori (see new section 42D).
The ARTC must review and replace the plan within 6 years or by any earlier date specified by the Minister of Transport and the mayor (see new section 42F).
When preparing the Auckland Council long-term plan, the Council must take the plan into account (see new section 42G).
Transport CCO for Auckland
New subpart 3 sets out the provisions relating to the transport CCO for Auckland (the transport CCO), which is currently referred to in the principal Act as Auckland Transport.
New sections 43 to 43D provide for the continuation of the transport CCO, as well as its purpose, operating principles, and its status as an entity and, more specifically, a council-controlled organisation for the purposes of Part 5 of the Local Government Act 2002.
New sections 44 to 44B concern the functions and powers of the transport CCO. In particular,—
the transport CCO’s primary function is to provide public transport services within Auckland (see new section 44(1)):
the transport CCO’s additional functions include those that the Auckland Council lawfully directs it to perform or those conferred or delegated to the transport CCO under legislation (see new section 44(2)):
the transport CCO may delegate certain powers and functions to its committees and employees (see new section 44A).
New sections 45 to 45B provide for the governing body of the transport CCO, which is composed of a board of directors. Those provisions deal with the board’s composition, the directors’ duties, and the validity of directors’ acts.
Provisions relating to Auckland Council
New subpart 4 sets out the Auckland Council’s role in transport matters, including its relationship with the transport CCO.
New sections 46 to 46B set out aspects of the Auckland Council’s relationship with the transport CCO. They include—
the ability for the Council to delegate any of its responsibilities, duties, functions, and powers to the transport CCO (see new section 46):
operating rules made by the Council by which the transport CCO must operate (see new section 46A):
a restriction on the transport CCO from borrowing without the Council’s written agreement (see new section 46B).
New sections 47 to 47D provide for the division of responsibilities between the Auckland Council’s governing body and its local boards in relation to the Council’s role as the road controlling authority (RCA) for Auckland. The powers, functions, and responsibilities of an RCA lie with the Auckland Council’s governing body, except as follows:
The powers, functions, and responsibilities set out in new Schedule 4 are allocated to local boards in relation to local roads and collector roads under new section 47C. Those powers, functions, and responsibilities may be amended by Order in Council on the recommendation of the Minister of Transport (see new section 47C(4) to (6)):
The power to make a bylaw under section 22AB of the Land Transport Act 1998 is subject to a specific additional process set out in new section 47D. The Auckland Council’s governing body and local boards must all agree to the making of the bylaw, except that a majority of local boards suffices if the governing body considers that the other local boards have unreasonably withheld their agreement to the making of the bylaw:
The Auckland Council’s bylaws under section 22AB of the Land Transport Act 1998 may leave certain matters or things to be regulated, controlled, or prohibited by local boards in relation to local roads and collector roads (see new section 47D(6)).
New sections 48 to 48B are miscellaneous provisions relating to the Auckland Council’s role in transport matters. In particular,—
the Council must develop the Auckland Roading Classification Framework, which classifies roads within Auckland as arterial roads, local roads, collector roads, or city centre roads (see new section 48). The Council must consult the transport CCO and the framework must be approved by the Minister of Transport:
within 5 years after the date on which new subpart 4 of Part 4 of the principal Act commences, the Council must review its own and the transport CCO’s performance of their respective powers, functions, and responsibilities as amended by this Bill (see new section 48A).
Part 3Amendments to Part 8 and other matters
Clause 15 amends section 91 of the principal Act to update a reference to Auckland Transport to refer instead to the transport CCO.
Clause 16 makes a consequential amendment to section 93 of the principal Act, to clarify that the restrictions on appointments to the governing body of the transport CCO (under new section 45(4)) apply despite the similar restrictions set out in section 93.
Clause 17 amends section 95 of the principal Act to provide that the Auckland Council must not appoint certain people as a chairperson or deputy chairperson of the transport CCO.
Clause 18 amends section 100 of the principal Act to update a reference to Auckland Transport to refer instead to the transport CCO.
Clause 19 inserts new Part 3 into Schedule 1AA of the principal Act, which contains various transitional, savings, and related provisions.
Clause 20 inserts new Schedules 3 and 4 into the principal Act.
Clause 21 amends the legislation specified in Schedule 3 as set out in that schedule.
Schedule 1 contains new Part 3 to be inserted into Schedule 1AA of the principal Act. New Part 3 contains the transitional provisions relating to the Bill. The main aspects of the transitional provisions are as follows:
The members of the ARTC must be appointed within 3 months of the Bill coming into force. Before that, the functions of the ARTC will be performed by the permanent advisors:
The first 30-year plan must be completed by the date set by the Minister of Transport and the mayor:
The Auckland Council will appoint a transition director to prepare a transition plan that details aspects of the transition brought about by the amendments made by this Bill (see clauses 11 and 12 of new Part 3):
For the transitional period, the transport CCO will continue to perform and exercise certain functions and powers as if the principal Act had not been amended by this Bill (see clause 7 of new Part 3):
An interim governing body of the transport CCO is installed for the transitional period, with obligations relating to the transition of the transport CCO (see clause 9 of new Part 3):
The Auckland Council must develop the Auckland Roading Classification Framework and review bylaws made by Auckland Transport during the transitional period (see clauses 10, 13, and 14 of new Part 3):
Certain instruments relating to Auckland Transport under the principal Act are saved and subject to review, including Auckland Transport’s assets, contracts, policies, and operating rules (see clauses 15 to 20 of new Part 3):
The transition director must identify roles within Auckland Transport to be transferred to the Auckland Council, and provision is made for the employment transition for persons in those roles (see clauses 21 to 23 of new Part 3).
Schedule 2 contains new Schedules 3 and 4 to be inserted into the principal Act.
New Schedule 3 sets out the rules relating to conflicts of interest that may occur in relation to the members of the ARTC. The main aspects of those rules are as follows:
A member who has a personal interest in a matter relating to the ARTC’s performance of its functions must disclose it in the ARTC’s interests register as soon as they become aware of it. They must also disclose any later material change to the nature of the interest or the extent of it:
A copy of the interests register must be given to the Minister of Transport and the mayor at least every 3 months:
A member who has an interest in a matter must not be involved in any decision or discussion relating to the matter, sign any document relating to the initiation of the matter, or form part of any required quorum:
A member’s failure to disclose an interest or to exclude themselves as required must be reported to the Minister of Transport and the mayor:
The chairperson may permit a member with an interest to participate if the chairperson is satisfied that it is in the public interest:
The ARTC may avoid an act done by the ARTC that was affected by a member participating in the matter in contravention of these rules, but only within 3 months after it is reported to the Minister of Transport and the mayor.
New Schedule 4 sets out various powers, functions, and responsibilities in relation to local roads and collector roads in Auckland that are allocated to local boards (see new section 47C). Those matters are set out in a table, including the provisions under which the powers, functions, and responsibilities are authorised, associated descriptions, and any exclusions from those matters.
Schedule 3 contains consequential amendments to other legislation.
Part 1 of Schedule 3 contains consequential amendments to the Land Transport Management Act 2003 to reflect the changes made by the Bill. Of particular note,—
references to Auckland Transport are changed to refer to the ARTC, the transport CCO, or the Auckland Council as required:
provisions relating to Auckland’s regional land transport plan are amended to reflect that the plan will be prepared by the ARTC and approved by the Auckland Council.
Parts 2 and 3 of Schedule 3 contain consequential amendments to other Acts and to secondary legislation.
Hon Chris Bishop
Local Government (Auckland Council) (Transport Governance) Amendment Bill
Government Bill
201—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Local Government (Auckland Council) (Transport Governance) Amendment Act 2025.
2 Commencement
This Act comes into force on the day after Royal assent.
3 Principal Act
This Act amends the Local Government (Auckland Council) Act 2009.
Part 1 Amendments to Parts 1 and 2
4 Section 4 amended (Interpretation)
(1)
In section 4(1), repeal the definition of Auckland Transport.
(2)
In section 4(1), definition of substantive council-controlled organisation, paragraph (b), replace “Auckland Transport”
with “the transport CCO”
.
(3)
In section 4(1), insert in its appropriate alphabetical order:
transport CCO means the entity continued by section 43
5 New section 4B inserted (Act binds the Crown)
After section 4A, insert:
4B Act binds the Crown
(1)
Except as provided in subsection (2), this Act does not bind the Crown.
(2)
The following provisions of this Act bind the Crown:
(a)
subparts 1, 2, and 4 of Part 4; and
(b)
clauses 4 to 6 of Schedule 1AA.
6 Section 7 amended (Decision-making of Council shared between governing body and local boards)
In section 7(1)(b), after “sections 14 to 23”
, insert “and 47A”
.
7 Section 12 amended (Status of local boards)
In section 12(4), replace “section 16”
with “section 16 or 47A”
.
8 Section 13 amended (Functions, duties, and powers of local boards)
(1)
In section 13(2)(d), delete “or Auckland Transport under section 54”
.
(2)
After section 13(2)(d), insert:
(da)
must undertake any functions and responsibilities allocated to it under sections 47A to 47D; and
(db)
may exercise any of the powers allocated to it under sections 47A to 47D; and
(3)
In section 13(2)(f), delete “or Auckland Transport under section 54”
.
9 Section 14 amended (General scheme)
(1)
In section 14(1), replace “This section sets”
with “Subsections (1) to (4) set”
.
(2)
After section 14(3), insert:
(5)
See also section 47A, which sets out the division of powers, functions, and responsibilities between the governing body and local boards regarding transport matters specifically dealt with in subpart 4 of Part 4.
10 Section 15 amended (Decision-making responsibilities of governing body)
In section 15(1)(b)(i), after “infrastructure”
, insert “(subject to sections 47A to 47D)”
.
11 Section 16 amended (Decision-making responsibilities of local boards)
In section 16(1)(c), replace “section 24”
with “section 150B of the Local Government Act 2002”
.
Part 2 Amendments to Part 4
12 Section 37 amended (Interpretation)
(1)
In section 37(1), insert in their appropriate alphabetical order:
arterial road means a road that is classified as an arterial road under section 48(2)(a)
Auckland Regional Transport Committee or ARTC means the Auckland Regional Transport Committee established by section 38
Auckland Roading Classification Framework or Roading Framework means the framework set out in section 48
city centre road means a road that is classified as a city centre road under section 48(2)(d)
collector road means a road that is classified as a collector road under section 48(2)(c)
fees framework means the fees framework as defined in section 10(1) of the Crown Entities Act 2004
local road means a road that is classified as a local road under section 48(2)(b)
natural person act has the meaning set out in section 24 of the Crown Entities Act 2004
permanent advisors means the persons made the permanent advisors to the ARTC by section 41A
Secretary has the meaning set out in section 5(1) of the Land Transport Management Act 2003
(2)
In section 37(1), repeal the definitions of Auckland transport system, Director of Land Transport, and New Zealand Railways Corporation.
(3)
In section 37(1), definition of director, replace “Auckland Transport”
with “the transport CCO”
.
13 Sections 38 to 56 and cross-headings repealed
Repeal sections 38 to 56 and the cross-headings above sections 38, 43, 45, 49, and 53.
14 New subparts 1 to 4 of Part 4 inserted
After section 37, insert:
Subpart 1—Auckland Regional Transport Committee
Functions and membership of ARTC
38 Auckland Regional Transport Committee
(1)
This section establishes the Auckland Regional Transport Committee.
(2)
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—
(a)
streamlined and co-ordinated planning; and
(b)
optimisation of the Crown’s and Auckland Council’s resources; and
(c)
transparent transport decision making.
38A Functions of ARTC
The functions of the ARTC are to—
(a)
prepare the 30-year transport plan under section 42; and
(b)
monitor the delivery of the 30-year transport plan; and
(c)
consult on and prepare the regional land transport plan for Auckland in accordance with the Land Transport Management Act 2003; and
(d)
undertake any other strategic transport functions that the Auckland Council may delegate to it under section 38B; and
(e)
undertake any other strategic transport functions prescribed by regulations made under section 38C.
38B Delegation to ARTC
(1)
Auckland Council may delegate to the ARTC any of its strategic responsibilities, duties, functions, or powers that relate to land transport in Auckland.
(2)
Before delegating a responsibility, duty, function, or power under subsection (1), Auckland Council must consult the Minister of Transport.
(3)
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.
38C Regulations prescribing ARTC functions
(1)
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).
(2)
Before making a recommendation under subsection (1), the Minister of Transport must consult the mayor.
(3)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
38D Membership of ARTC
The ARTC comprises the following members:
(a)
a chairperson:
(b)
up to 3 members appointed by the Minister of Transport:
(c)
up to 3 members appointed by the mayor (who must be members of the governing body and may include the mayor):
(d)
1 non-voting member appointed by and to represent the New Zealand Transport Agency (who must hold an identified office or position within the New Zealand Transport Agency):
(e)
1 non-voting member appointed by and to represent KiwiRail Holdings Limited (who must hold an identified office or position within KiwiRail Holdings Limited):
(f)
1 non-voting member appointed by and to represent the transport CCO (who must hold an identified office or position within the transport CCO).
38E Appointment of chairperson
(1)
The chairperson of the ARTC is jointly appointed by—
(a)
the mayor (who must have consulted the governing body); and
(b)
the Minister of Transport.
(2)
When appointing the chairperson, sections 28 to 31 of the Crown Entities Act 2004 apply—
(a)
as if a reference to the responsible Minister were a reference to the Minister and the mayor; and
(b)
with any necessary modifications.
(3)
Despite subsection (2),—
(a)
the Minister must comply with section 28(4) of that Act:
(b)
section 31(2) of that Act does not apply.
38F Appointment of members by Minister of Transport or mayor
(1)
When appointing the members referred to in section 38D(b), sections 28 to 31 of the Crown Entities Act 2004 apply—
(a)
as if a reference to the responsible Minister were a reference to the Minister of Transport; and
(b)
with any necessary modifications.
(2)
Despite subsection (1), section 31(2) of that Act does not apply.
(3)
Before the mayor appoints the members referred to in section 38D(c), the mayor must have consulted the governing body.
38G Term of office of members
(1)
A member of the ARTC holds office for 3 years or for any shorter period stated in the notice of appointment.
(2)
A member may be reappointed.
(3)
This section is subject to sections 39 to 39B.
Resignation, removal, vacation of office, remuneration, etc, of members
39 Resignation of members
(1)
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.
(2)
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.
(3)
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.
(4)
If a member resigns under subsection (3),—
(a)
the appointing organisation must advise the chairperson; and
(b)
the chairperson must advise the Minister and the mayor.
39A Removal of members
(1)
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.
(2)
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.
(3)
The mayor may, at any time and entirely at the mayor’s discretion, remove a member referred to in section 38D(c) from office.
(4)
The following requirements apply to the removal of a member under subsection (1), (2), or (3):
(a)
the removal must be made by written notice to the member (with a copy to the ARTC):
(b)
the notice must state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received:
(c)
the person removing the member must notify the removal in the Gazette as soon as practicable after giving the notice.
(5)
A member referred to in section 38D(d), (e), or (f) may be removed from office by their appointing organisation, and—
(a)
the appointing organisation must advise the chairperson; and
(b)
the chairperson must advise the Minister and the mayor.
39B Vacation of office
(1)
If a member of the ARTC becomes a member of Parliament, the member’s appointment to the ARTC ends.
(2)
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.
39C Vacancies
(1)
Subsection (2) applies if—
(a)
a member’s term of office expires:
(b)
a member resigns:
(c)
a member is removed:
(d)
a member’s appointment to the ARTC ends under section 39B.
(2)
If this subsection applies, a vacancy exists in the ARTC until the member is reappointed or replaced.
(3)
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.
39D No compensation for loss of office
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.
39E Remuneration of members
(1)
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.
(2)
The chairperson’s remuneration must be paid by the Crown and Auckland Council in equal shares.
(3)
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.
(4)
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.
(5)
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.
39F Expenses of members
(1)
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.
(2)
The chairperson’s expenses must be paid by the Crown and Auckland Council in equal shares.
(3)
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.
(4)
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.
Duties of members, conflicts of interest, and validity of appointments and acts
40 General duties of members
A member of the ARTC must—
(a)
not contravene, or cause the contravention of, or agree to the ARTC contravening, this Act or any other enactment:
(b)
when acting as a member, act with honesty and integrity:
(c)
when acting as a member, act in good faith and not pursue their own interests at the expense of the performance of the ARTC’s functions:
(d)
when acting as a member, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)—
(i)
the nature of the action; and
(ii)
the nature of the responsibilities undertaken by the member.
40A Conflicts of interest
Schedule 3 applies to the ARTC.
40B Validity of appointments
(1)
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.
(2)
This section does not apply to—
(a)
a defect in the qualifications for appointment of a member or chairperson (for example, because they were disqualified under section 30 of the Crown Entities Act 2004 as applied by section 38F); or
(b)
a member referred to in section 38D(c) who was not a member of the governing body.
40C Validity of members’ acts
The acts of a person as a member or chairperson of the ARTC are valid even though—
(a)
a defect existed in the appointment of the person; or
(b)
the person is or was disqualified from being a member (for example, because they are or were disqualified under section 30 of the Crown Entities Act 2004 as applied by section 38F); or
(c)
the member’s appointment to the ARTC has ended (for example, because of the operation of section 39B).
Meetings, decision making, and reporting
41 Meetings of ARTC
(1)
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.
(2)
The ARTC may, in its discretion, hold a meeting in private or in public.
(3)
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.
41A Permanent advisors
(1)
The Council’s chief executive and the Secretary are the permanent advisors to the ARTC.
(2)
The permanent advisors are not members of the ARTC.
(3)
The ARTC must seek and consider advice from the permanent advisors on all significant matters relating to the performance of its functions.
(4)
This section does not prevent the ARTC from seeking advice from any other person.
41B Voting at meetings
(1)
Each member appointed under section 38D(a), (b), or (c) has 1 vote.
(2)
In addition to a general vote, the chairperson has, in the case of an equality of votes, a casting vote.
(3)
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.
(4)
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.
41C Subcommittees
(1)
The ARTC may appoint any subcommittees that it considers appropriate.
(2)
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.
(3)
At least 1 member of a subcommittee must be a member of the ARTC.
(4)
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.
(5)
The ARTC may discharge or reconstitute a subcommittee at any time.
41D Standing orders
(1)
The ARTC must adopt a set of standing orders for the conduct of its meetings and those of its subcommittees.
(2)
The standing orders must not contravene this Act.
(3)
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.
(4)
The adoption, suspension, amendment, or replacement of the standing orders requires a vote of not less than 75% of the members present.
41E Minutes of proceedings
(1)
The ARTC must keep minutes of its decisions.
(2)
Minutes of decisions are prima facie evidence of those decisions.
(3)
Minutes must be made available to the public in any manner and format that the ARTC considers appropriate.
(4)
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.
41F Reporting
The ARTC must give regular reports to the Minister of Transport and the mayor on its activities.
Subpart 2—30-year transport plan for Auckland
42 30-year transport plan for Auckland
(1)
The ARTC must prepare and complete a 30-year transport plan for Auckland.
(2)
The purpose of a plan is to provide direction for the development of land transport in Auckland for the following 30 years that—
(a)
aligns the priorities of the Government and Auckland Council; and
(b)
sets the strategic direction for the planning and funding of, and the investment in, land transport in Auckland.
(3)
A plan must promote the following objectives:
(a)
productivity and economic growth:
(b)
the safe and rapid movement of people and goods:
(c)
efficient asset management.
(4)
A plan is effective after it has been approved by—
(a)
the Minister of Transport; and
(b)
Auckland Council.
(5)
Without limiting section 42G, Auckland Council must take the 30-year transport plan for Auckland into account when preparing any relevant plans or policies.
42A Publication of plan
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.
42B Preparation of plan
(1)
When preparing a 30-year transport plan for Auckland, the ARTC must—
(a)
seek direction from the Minister of Transport and the mayor; and
(b)
establish and maintain processes to provide opportunities for Māori to contribute to the development and preparation of the plan.
(2)
When preparing a plan, the ARTC must take into account—
(a)
the GPS on land transport issued under section 66 of the Land Transport Management Act 2003:
(b)
government strategies and policies that have implications for transport and land use:
(c)
Auckland Council strategies and policies that have implications for transport and land use.
(3)
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.
42C Content of plan
A 30-year transport plan for Auckland must include—
(a)
the long-term strategic direction for the transport system in Auckland:
(b)
the results that are intended to be achieved:
(c)
the policies and actions necessary to achieve the results:
(d)
how progress towards achieving the results will be measured:
(e)
detailed investment priorities for the first 10 years of the period covered by the plan:
(f)
general investment priorities for the entire period covered by the plan:
(g)
the likely sources of funding.
42D Consultation on plan
(1)
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.
(2)
The ARTC must follow the following consultation process:
(a)
the proposed plan may 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:
(b)
those persons should be encouraged to present their views to the ARTC:
(c)
those persons should be given clear information concerning the purpose of the consultation and the scope of the decisions to be taken following the consideration of views presented:
(d)
members of the public should be given a reasonable opportunity to present their views in a manner and format that is appropriate to the preferences and needs of the persons who will or may be affected by, or have an interest in, the plan:
(e)
the views presented should be received with an open mind and given due consideration, and the proposed plan should be amended if the ARTC considers it appropriate:
(f)
persons who presented their views should have access to a clear record or description of the decisions made by the ARTC and explanatory material relating to those decisions, which may include, for example, reports relating to the matter that were considered before the decisions were made.
(3)
The ARTC must, in addition to the consultation under subsection (2), consult Māori in relation to the proposed plan.
42E Minor or technical amendments
Sections 42B and 42D do not apply to minor or technical amendments to a 30-year transport plan for Auckland.
42F Review of plan
(1)
The ARTC must, within 6 years of the completion of a 30-year transport plan for Auckland under section 42,—
(a)
review the plan; and
(b)
complete a replacement plan.
(2)
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.
42G LTP must take plan into account
When preparing the LTP, Auckland Council must take the 30-year transport plan for Auckland into account.
Subpart 3—Transport CCO for Auckland
Status, purpose, etc, of transport CCO
43 Transport CCO for Auckland continues
(1)
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.
(2)
The transport CCO is—
(a)
a body corporate with perpetual succession; and
(b)
a council-controlled organisation of the Auckland Council.
(3)
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.
43A Purpose of 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—
(a)
this Part; and
(b)
the objectives of the Auckland Council referred to in section 59(1)(a) of the Local Government Act 2002.
43B Operating principles of transport CCO
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—
(a)
establish and maintain processes for Māori to contribute to its decision-making processes; and
(b)
operate in a financially responsible manner and, for this purpose, prudently manage its assets and liabilities and endeavour to ensure—
(i)
its long-term financial viability; and
(ii)
that it acts as a successful going concern; and
(c)
use its revenue efficiently, effectively, and in a manner that seeks value for money; and
(d)
ensure that its revenue and expenditure are accounted for in a transparent manner; and
(e)
ensure that it acts in a transparent manner in making decisions under this Act and the Land Transport Management Act 2003.
Guidance note
The transport CCO is also subject to the requirements of a substantial council-controlled organisation set out in sections 90 to 96.
43C Status and powers of transport CCO
(1)
In fulfilling its purpose, the transport CCO has—
(a)
full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and
(b)
for the purposes of paragraph (a), full rights, powers, and privileges.
(2)
Subsection (1) is subject to the rest of this Act.
43D Transport CCO’s status as council-controlled organisation and application of Part 5 of Local Government Act 2002
(1)
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).
(2)
The following provisions of Part 5 of the Local Government Act 2002 do not apply to the transport CCO:
(a)
section 56:
(b)
sections 62 and 63:
(c)
sections 71A and 72.
(3)
Section 60 of the Local Government Act 2002 must be read as if the following paragraphs were inserted after paragraph (b):
(c)
the provisions of Part 4 of the Local Government (Auckland Council) Act 2009; and
(d)
any rules made by the Auckland Council under section 46A of the Local Government (Auckland Council) Act 2009.
Functions, powers, etc, of transport CCO
44 Functions of transport CCO
(1)
The primary function of the transport CCO is to provide public transport services within Auckland.
(2)
The transport CCO has the following additional functions:
(a)
any other transport functions that the Auckland Council may lawfully direct it to perform or delegate to it under section 46:
(b)
without limiting paragraph (a), any transport functions expressly conferred on the Auckland Council by any enactment (for example, under a local Act) that the Council may lawfully direct it to perform or delegate to it:
(c)
any other functions that are given to it by this Act or any other enactment, or that are incidental and related to, or consequential upon, any of its functions under this Act or any other enactment.
(3)
In this section, public transport service has the meaning given in section 5(1) of the Land Transport Management Act 2003.
(4)
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.
44A Transport CCO may delegate certain powers, functions, etc
(1)
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)
the power to borrow money or purchase or dispose of any assets of the transport CCO; and
(b)
any duty to appoint a chief executive officer.
(2)
A delegation under this section—
(a)
must be in writing; and
(b)
may be subject to any restrictions or conditions.
(3)
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).
(4)
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).
(5)
A subdelegation under this section—
(a)
must be in writing; and
(b)
is subject to any restrictions or conditions that the transport CCO imposes in the delegation under subsection (1) to which the subdelegation relates.
(6)
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.
(7)
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.
(8)
This section—
(a)
is subject to any provision to the contrary in this, or any other, Act; and
(b)
does not exclude the provision of any power of delegation that the transport CCO has under any other enactment.
44B Transport CCO’s jurisdiction in respect of roads defined more widely than in Local Government Act 1974
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.
Governing body of transport CCO
45 Governing body of transport CCO
(1)
The governing body of the transport CCO is the board of directors.
(2)
The board of directors comprises no fewer than 3 and no more than 5 directors.
(3)
The board, including its chairperson and deputy chairperson, must be appointed by the Auckland Council.
(4)
However, the Auckland Council must not appoint a person as a director if that person is—
(a)
a member of the governing body of Auckland Council; or
(b)
a member of a local board; or
(c)
an employee or board member of the New Zealand Transport Agency; or
(d)
an employee or director of KiwiRail Holdings Limited.
(5)
The powers and functions of the transport CCO are not affected by any vacancy in the membership of the board of directors.
45A Duties of transport CCO governing body directors
(1)
A director must not—
(a)
breach, or cause a breach of, this Act; or
(b)
agree to any breach of this Act by the transport CCO.
(2)
When acting as a director, a director must—
(a)
act with honesty and integrity; and
(b)
act in good faith and not pursue their own interests at the expense of the interests of the transport CCO; and
(c)
exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)—
(i)
the nature of the transport CCO; and
(ii)
the nature of the action; and
(iii)
the position of the director and the nature of the responsibilities undertaken by the director.
45B Validity of office holders’ acts
The acts of a person as a director, chairperson, or deputy chairperson of the transport CCO are not invalidated by—
(a)
a defect in the appointment of the person; or
(b)
the fact that the occasion for the person’s acts, or for their appointment, had not arisen or had ended.
Subpart 4—Provisions relating to Auckland Council
Auckland Council’s relationship with transport CCO
46 Council may delegate certain powers, functions, etc
(1)
The Auckland Council may delegate any of its responsibilities, duties, functions, and powers (the specified actions) to the transport CCO if—
(a)
the Council is satisfied that it is appropriate for the transport CCO to exercise or perform the specified action; and
(b)
the Minister of Transport approves the proposed delegation.
(2)
However,—
(a)
the Auckland Council must not delegate the power to delegate under this section to the transport CCO; and
(b)
despite anything to the contrary in any enactment, the Auckland Council must not delegate a specified action to the transport CCO except in accordance with this section.
(3)
A delegation under this section—
(a)
must be in writing; and
(b)
may be subject to any restrictions or conditions.
(4)
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.
(5)
A subdelegation under this section—
(a)
must be in writing; and
(b)
is subject to any restrictions or conditions that the Auckland Council imposes in the delegation under subsection (1) to which the subdelegation relates.
(6)
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.
(7)
A delegation or subdelegation under this section does not—
(a)
affect or prevent the Auckland Council from performing or exercising the specified action that is delegated; and
(b)
affect the Auckland Council’s liability or legal responsibility to perform or exercise, or to ensure the performance or exercise of, any specified action.
46A Council may make operating rules for transport CCO
(1)
The Auckland Council may make rules by which the transport CCO must operate, including rules in relation to—
(a)
how the governing body of the transport CCO must operate:
(b)
how the transport CCO must appoint and employ staff (including its chief executive):
(c)
how the transport CCO must acquire and dispose of significant assets:
(d)
how the transport CCO must procure goods and services to fulfil its functions.
(2)
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.
(3)
Section 6(3)(d) of the Local Government Act 2002 applies to a rule made under this section.
46B Restriction on borrowing
The transport CCO must not borrow any funds without the written agreement of the Auckland Council.
Division of responsibilities within Auckland Council as road controlling authority
47 Auckland Council is road controlling authority
(1)
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.
(2)
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.
47A Division of responsibilities between governing body and local boards in respect of transport matters
(1)
This section sets out the division of transport powers, functions, and responsibilities between the governing body and local boards.
(2)
The transport powers, functions, and responsibilities of the Auckland Council may only be exercised and performed by the governing body, except—
(a)
the powers, functions, and responsibilities allocated to local boards as set out in section 47C; and
(b)
the powers in relation to bylaws for the purposes of section 22AB of the Land Transport Act 1998 must be exercised in accordance with section 47D.
(3)
If sections 47A to 47D are inconsistent with Part 2, then sections 47A to 47D (as the case may be) prevail.
47B Governing body and local boards must consider certain matters when exercising powers, etc
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)
the transport of freight through the affected area; and
(b)
frequently running public transport networks in the affected area.
47C Powers of local boards in respect of transport matters
(1)
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.
(2)
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.
(3)
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.
(4)
The Governor-General may, by Order in Council, do any of the following on the recommendation of the Minister of Transport:
(a)
insert a power, function, or responsibility into Schedule 4:
(b)
amend or revoke a power, function, or responsibility set out in Schedule 4.
(5)
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.
(6)
An order under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
47D Division of responsibility in relation to bylaws under section 22AB of Land Transport Act 1998
(1)
This section applies to the Auckland Council for the purposes of making a bylaw under section 22AB of the Land Transport Act 1998.
(2)
For the Auckland Council to make a bylaw, the governing body and each local board must agree to the making of the bylaw.
(3)
However, despite subsection (2), the Auckland Council may make a bylaw if—
(a)
the governing body and a majority of local boards agree to it; and
(b)
the governing body considers that the local boards that have not agreed to it have unreasonably withheld their agreement.
(4)
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.
(5)
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—
(a)
inconsistent with the division of responsibilities between the governing body and local boards as set out in sections 47A to 47D; or
(b)
accommodated by its power to make resolutions under the bylaw in accordance with subsection (6).
(6)
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:
(a)
in respect of a bylaw under any of the following provisions of the Land Transport Act 1998, as if it were a reference to a local board in relation to local roads and collector roads within its local board area:
(i)
section 22AB(1)(e) to (h):
(ii)
section 22AB(1)(m) and (n):
(iii)
section 22AB(1)(o), to the extent that it provides for the making of resolutions in relation to the use of parking places for the purposes set out in section 22AB(1)(o)(ii), (iii)(A), (iv), and (v):
(iv)
section 22AB(1)(q) to (v):
(v)
section 22AB(1)(zc):
(vi)
section 22AB(1)(zi):
(b)
in any other case, as if it were a reference to the governing body.
Miscellaneous provisions
48 Council must develop Auckland Roading Classification Framework
(1)
The Auckland Council must develop, approve, and maintain the Auckland Roading Classification Framework (the Roading Framework).
(2)
The Roading Framework must classify a road, other than a State highway, within Auckland as—
(a)
an arterial road, being a road that—
(i)
is intended to predominantly carry through traffic; or
(ii)
carries traffic between town centres within Auckland; or
(iii)
is used to carry freight to and from State highways; or
(iv)
carries a significant volume of passenger transport and includes special vehicle lanes (as defined in clause 1.6 of the Land Transport (Road User) Rule 2004); or
(b)
a local road, being a road that collects and distributes traffic to and from properties within a specific area; or
(c)
a collector road, being a road that distributes traffic between local roads and arterial roads; or
(d)
a city centre road, being a road that is within the Auckland city centre (see subsection (3)).
(3)
In addition to classifying roads under subsection (2), the Roading Framework must also specify the area that is the Auckland city centre.
(4)
Before the Auckland Council approves or varies the Roading Framework,—
(a)
the Auckland Council must consult the transport CCO on the Roading Framework or variation to it (as the case may be); and
(b)
the Minister of Transport must approve the Roading Framework or variation to it (as the case may be).
(5)
The Roading Framework made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
48A Auckland Council’s review of performance of transport functions, etc
(1)
The Auckland Council must,—
(a)
5 years after the date on which this subpart commences (the review date), review the following in respect of the performance of their powers, functions, and responsibilities under this Part:
(i)
the Auckland Council (including the governing body and local boards):
(ii)
the transport CCO; and
(b)
within 9 months after the review date, prepare a report on that review.
(2)
Before completing the report, the Auckland Council must consult any person the Council considers appropriate.
(3)
As soon as practicable after the Auckland Council has completed the report,—
(a)
the Council must present the report to the Minister of Transport; and
(b)
the Minister of Transport must present the report to the House of Representatives.
48B Council’s jurisdiction in respect of roads defined more widely than in Local Government Act 1974
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.
Part 3 Amendments to Part 8 and other matters
15 Section 91 amended (Council may impose additional accountability requirements on substantive council-controlled organisations)
In section 91(2), replace “Auckland Transport”
with “the transport CCO”
.
16 Section 93 amended (Councillors and local board members prohibited from appointment as directors of substantive council-controlled organisations)
Replace section 93(2) with:
(2)
However, section 45(4) prevails in relation to an appointment of a director of the transport CCO.
17 Section 95 amended (Council may appoint chairperson and deputy chairperson of substantive council-controlled organisation)
Replace section 95(2) with:
(2)
However, the Council must not appoint any of the persons specified in section 45(4)(a) to (d) as the chairperson or deputy chairperson of the transport CCO.
18 Section 100 amended (Development contributions for transport infrastructure)
In section 100(1), replace “Auckland Transport”
with “the transport CCO”
.
19 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in Schedule 1 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
20 New Schedules 3 and 4 inserted
After Schedule 2, insert the Schedules 3 and 4 set out in Schedule 2 of this Act.
21 Consequential amendments
Amend the legislation specified in Schedule 3 as set out in that schedule.
Schedule 1 New Part 3 inserted into Schedule 1AA
s 19
Part 3 Provisions relating to Local Government (Auckland Council) (Transport Governance) Amendment Act 2025
3 Interpretation
In this Part, unless the context otherwise requires,—
additional powers and functions means the powers and functions of the transport CCO that are—
(a)
set out in clause 7(1); but
(b)
not functions or powers of the transport CCO under Part 4 of the new Act
affected employee means an employee of Auckland Transport immediately before the commencement date
amendment Act means the Local Government (Auckland Council) (Transport Governance) Amendment Act 2025
Auckland Transport bylaws means the following bylaws made by either or both Auckland Transport and the Auckland Council:
(a)
Activities in the Road Corridor Bylaw 2022:
(b)
Auckland Council and Auckland Transport Te Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022:
(c)
Auckland Transport and Auckland Council Te Ture ā-Rohe mō te Whakamahinga me te Whakatūnga Waka 2025 | Vehicle Use and Parking Bylaw 2025:
(d)
Auckland Transport Speed Limits Bylaw 2019
commencement date means the date on which the amendment Act comes into force
new Act means this Act as in force immediately on and after the commencement date
old Act means this Act as in force immediately before the commencement date
transition director means the person appointed under clause 11
transition plan means the plan approved by the governing body of the Auckland Council under clause 12
transitional period means the period beginning on the commencement date and ending on the earlier of the following:
(a)
the date that is 6 months after the commencement date:
(b)
the date on which the transport CCO has stopped performing or exercising all additional powers and functions in accordance with a direction made under clause 7(2).
Establishment of ARTC
4 Appointment of members
The persons responsible for appointing the members of the ARTC in accordance with sections 38D to 38F must make those appointments within the period of 3 months after the commencement date.
5 Performance of functions during establishment
(1)
During the period between the commencement date and every person responsible for appointing the members of the ARTC making those appointments, the functions of the ARTC must be performed by the permanent advisors.
(2)
During the period referred to in subclause (1), a reference in the Land Transport Management Act 2003 to something that is done by or in relation to the ARTC must be read as a reference to something that is done by or in relation to the permanent advisors.
(3)
Subclauses (1) and (2) cease to have effect when either of the following events occurs:
(a)
every person responsible for appointing the members of the ARTC has made those appointments:
(b)
the period referred to in clause 4 expires.
First 30-year transport plan for Auckland
6 First 30-year transport plan for Auckland
The ARTC must complete the first 30-year transport plan for Auckland on or before the date set by the Minister of Transport and the mayor.
Functions and powers of transport CCO and Auckland Council during transitional period
7 Transport CCO has additional powers and functions during transitional period
(1)
For the transitional period, the transport CCO has the functions and powers of Auckland Transport under sections 45 and 46 of the old Act, except the functions and powers under the following provisions of the old Act:
(a)
section 45(a):
(b)
section 46(1)(g) to the extent that it relates to the power to make a bylaw under Part 3 of the Land Transport Act 1998 (see clause 13(4)):
(c)
section 46(1)(h) to the extent that it relates to the power to make a bylaw under subparts 1 and 2 of Part 8 of the Local Government Act 2002:
(d)
section 46(1)(i):
(e)
section 46(1)(j) to the extent it relates to the preparation of a regional public transport plan under sections 117 to 129 of the Land Transport Management Act 2003.
(2)
During the transitional period, in respect of an additional function or power,—
(a)
the Auckland Council may direct the transport CCO to stop performing that function or exercising that power; and
(b)
if Auckland Council makes that direction, this clause no longer applies to that function or power.
(3)
During the transitional period, the transport CCO must—
(a)
co-operate with the transition director for the purposes of the development of the transition plan; and
(b)
for that purpose, disclose information to the transition director upon request as soon as practicable.
(4)
To the extent that a function or power of the transport CCO under subclause (1) conflicts with those of the Auckland Council in Part 4 of the new Act, this Part prevails until a direction in respect of that function of power is made under subclause (2).
8 Transfer of requiring authority status from transport CCO to Auckland Council
(1)
On the transfer date, the Auckland Council is treated as the requiring authority in relation to any matter for which the transport CCO is the requiring authority immediately before the transfer date, for the purposes of Part 8 of the Resource Management Act 1991.
(2)
In this clause, transfer date means the date that is the earlier of the following:
(a)
the date on which the Auckland Council directs the transport CCO, under clause 7(2), to stop performing its function under section 45(b)(ii) of the old Act:
(b)
the end of the transitional period.
9 Interim governing body of transport CCO during transitional period
(1)
On or after the commencement date, the Auckland Council must—
(a)
appoint 3 directors as the governing body of the transport CCO for the purposes of section 45 for the duration of the transitional period (the interim board); and
(b)
in respect of the governing body of Auckland Transport under section 43 of the old Act (the old board), notify directors of the old board immediately before the commencement date that the interim board has replaced the old board.
(2)
During the transitional period, the interim board must—
(a)
ensure that the transition from the old Act to the new Act is efficient and effective; and
(b)
ensure that the transport CCO performs its functions and exercises its powers in accordance with clause 7; and
(c)
comply with a direction by the Auckland Council under this Act, including under clause 7(2).
(3)
Before the end of the transitional period, the Auckland Council must appoint the members of the governing body of the transport CCO under section 45, including its chairperson and deputy chairperson, to replace the interim board, irrespective of whether the members to be appointed are members of the interim board.
10 Auckland Council must develop Auckland Roading Classification Framework
The Auckland Council must develop the Auckland Roading Classification Framework under section 48 before the end of the transitional period.
Transition plan for Auckland Council and transport CCO
11 Auckland Council must appoint transition director
On or as soon as practicable after the commencement date, the chief executive of the Auckland Council must appoint a person to prepare the transition plan (the transition director).
12 Transition director must develop transition plan
(1)
The transition director must prepare a transition plan that sets out—
(a)
the strategy for, and the timing of, the transition between the old Act and the new Act in relation to the respective functions of the Auckland Council and the transport CCO; and
(b)
the status of the roles of affected employees as determined by the transition director under clause 21(1); and
(c)
the assets, rights, liabilities, contracts, entitlements, undertakings, and engagements of the transport CCO that will be subject to a deed of transfer under clause 20.
(2)
The transition plan must be approved by the governing body of the Auckland Council.
Saving and transition of Auckland Transport instruments and assets
13 Saving of Auckland Transport bylaws
(1)
On and after the commencement date, the Auckland Transport bylaws, and resolutions under those bylaws, continue in force and are treated as having been made by the Auckland Council.
(2)
However, before the end of the transitional period, the Auckland Council must, in accordance with clause 14,—
(a)
review all of the Auckland Transport bylaws; and
(b)
amend those bylaws.
(3)
Until the Auckland Transport bylaws are reviewed and amended under subclause (2), in relation to the making of a resolution under section 22AB(3) of the Land Transport Act 1998,—
(a)
the Auckland Council must not make a resolution under an Auckland Transport bylaw; and
(b)
the transport CCO may make a resolution under an Auckland Transport bylaw as if it were a road controlling authority.
(4)
On and after the commencement date, the transport CCO must not—
(a)
make a bylaw under section 22AB of the Land Transport Act 1998; and
(b)
amend or revoke an Auckland Transport bylaw.
(5)
Until the Auckland Transport bylaws are reviewed and amended under subclause (2), any reference in the Auckland Transport bylaws to—
(a)
Auckland Transport is to be read as if it were a reference to the transport CCO; and
(b)
the Auckland transport system is to be read as if it had the meaning given to it in section 37(1) of the old Act.
14 Review of Auckland Transport bylaws
(1)
This clause applies to the review and amendment of an Auckland Transport bylaw under clause 13(2).
(2)
The review and amendment of the Auckland Transport bylaw must be limited to giving effect to the division of responsibilities between the governing body and local boards as set out in sections 47 to 47D, in particular,—
(a)
the status of the Auckland Council as the road controlling authority in Auckland (see section 47); and
(b)
the division of responsibilities in relation to bylaws under section 22AB of the Land Transport Act 1998 (see section 47D).
(3)
The Auckland Council—
(a)
must review and amend the Auckland Transport bylaw in accordance with section 47D(2) to (5) and any requirements of the legislation under which the bylaw was made; but
(b)
is not required to comply with the following if the Council is satisfied that the amendment of the bylaw is limited to giving effect to sections 47 to 47D:
(i)
the consultation requirements under section 22AD of the Land Transport Act 1998:
(ii)
the requirements under section 155(1) and (2) of the Local Government Act 2002.
15 Saving and transition of Auckland Transport operating rules
(1)
This clause applies to operating rules made under section 49 of the old Act that are in force immediately before the commencement date.
(2)
On and after the commencement date, the operating rules continue in effect and are treated as having been made under section 46A by the Auckland Council for the transport CCO.
16 Saving and transition of policies and plans of Auckland Transport
(1)
This clause applies to a policy or plan made by Auckland Transport—
(a)
that is transport-related; and
(b)
that is in force immediately before the commencement date; and
(c)
irrespective of whether it is required or authorised by an enactment.
(2)
On and after the commencement date, a policy or plan continues in effect and is treated as having been made by the Auckland Council.
(3)
Before the end of the transitional period, the Auckland Council must—
(a)
review the policy or plan; and
(b)
retain, amend, or revoke the policy or plan.
17 Transition of New Zealand Transport Agency delegations to Auckland Transport
(1)
This clause applies to a delegation that—
(a)
was made under an enactment to Auckland Transport by the New Zealand Transport Agency or the Director (as defined in section 5(1) of the Land Transport Management Act 2003); and
(b)
is in force immediately before the commencement date.
(2)
On and after the commencement date, the delegation continues in force until revoked.
(3)
Before the end of the transitional period, the New Zealand Transport Agency or the Director (as the case may be)—
(a)
must review the delegation; and
(b)
may amend or revoke the delegation.
18 Saving of delegations by Auckland Transport
(1)
This clause applies to a delegation made under section 54 of the old Act that is in force immediately before the commencement date.
(2)
If the delegation is to a committee or an employee of Auckland Transport, the delegation continues in effect and is treated as having been made to a committee or employee of the transport CCO, as the case may be, under section 44A.
(3)
If the delegation is to the Auckland Council or any other person not specified in subclause (2), the delegation continues in effect, and is treated as having been made by the transport CCO, until the earlier of the following:
(a)
the date on which the transport CCO revokes the delegation:
(b)
the end of the transitional period.
(4)
Despite subclauses (2) and (3), if the delegation relates to a function of the ARTC, the delegation is revoked on the commencement date.
19 Saving of statutory warrants and appointments in relation to Auckland Transport employees
(1)
This clause applies to a warrant issued to, or an appointment of, an affected employee—
(a)
under—
(i)
section 177 of the Local Government Act 2002; or
(ii)
section 208 of the Land Transport Act 1998; and
(b)
in force immediately before the commencement date.
(2)
On and after the commencement date, the warrant or appointment continues in force until revoked.
20 Continuity of Auckland Transport’s assets, contracts, etc
(1)
On the commencement date,—
(a)
all rights, liabilities, contracts, entitlements, undertakings, and engagements of Auckland Transport remain the rights, liabilities, contracts, entitlements, undertakings, and engagements of the transport CCO; and
(b)
all assets that were owned by Auckland Transport immediately before the commencement date remain in the ownership of the transport CCO.
(2)
Before the end of the transitional period, the transport CCO must enter into deeds of transfer with the Auckland Council in respect of the matters set out in subclause (1) that are determined to be transferred in the transition plan.
(3)
A deed of transfer under subclause (2) must give effect to and be consistent with the transition plan.
Transfer of Auckland Transport employees and related matters
21 Duties to identify employees and provide employee information
(1)
The transition director must determine the role of each affected employee as one of the following:
(a)
a role that the Auckland Council requires to carry out its functions under the new Act:
(b)
a role that the transport CCO requires to carry out its functions under the new Act:
(c)
a role that the Auckland Council and the transport CCO do not require to carry out their respective functions under the new Act.
(2)
The transport CCO must provide employee information to the Auckland Council (including the transition director) if the transition director is satisfied that the information is reasonably necessary to enable—
(a)
the transition director to determine to whom offers of employment should be made under clause 22(2); and
(b)
the chief executive of the Auckland Council to make offers of employment under clause 22(2).
(3)
In this clause, employee information includes (without limitation) the following information in relation to an affected employee:
(a)
the employee’s employment agreement, remuneration, accrued leave entitlements, superannuation scheme benefits, and any service-related benefits and entitlements:
(b)
any employment policies that are part of the employee’s conditions of employment; and
(c)
records relating to the employee’s performance as an employee of the transport CCO; and
(d)
records relating to any disciplinary or misconduct matters against the employee.
22 Employment of affected employees by Auckland Council
(1)
This clause applies in respect of any affected employee who is determined under clause 21(1)(a) to be required by the Auckland Council to carry out its functions under the new Act.
(2)
The chief executive of the Auckland Council may offer equivalent employment to the affected employee, being employment that is—
(a)
in substantially the same position; and
(b)
on terms and conditions (including, without limitation, in relation to the employee’s overall remuneration and any service-related, redundancy, or superannuation conditions) that are no less favourable than those applying to the employee immediately before the date on which the offer of employment is made to the employee; and
(c)
on terms that treat the period of service with the transport CCO (and every other period of service recognised by the transport CCO as continuous service) as if it were continuous service with the Auckland Council.
(3)
If the affected employee accepts an offer of employment under subclause (2), the employee’s employment by the Auckland Council is to be treated as continuous employment, including for the purpose of service-related entitlements, whether legislative or otherwise.
(4)
An affected employee who is offered employment under subclause (2) is not entitled to receive any contractual notice or any payment, benefit, or compensation from the transport CCO or the Auckland Council on the grounds that—
(a)
the affected employee’s position in the transport CCO has ceased to exist, whether or not the employee accepts the offer; or
(b)
the person has ceased to be an employee of the transport CCO as a result of the employee’s employment by the Auckland Council.
(5)
The employment of an affected employee by the Auckland Council does not—
(a)
constitute new employment, including for the purposes of the Holidays Act 2003 or the KiwiSaver Act 2006 or any service-related entitlements or benefits (whether legislative or otherwise); or
(b)
treat that employee as a new employee for the purposes of the Employment Relations Act 2000.
(6)
This clause overrides—
(a)
Part 6A of the Employment Relations Act 2000; and
(b)
any employee protection provision in any relevant employment agreement.
23 Transfer of other employment rights, duties, liabilities, or obligations of transport CCO on change of employer
(1)
This clause applies to any other rights, duties, liabilities, or obligations of the transport CCO (including in relation to any holiday and leave entitlements under the Holidays Act 2003)—
(a)
relating to an affected employee who becomes an employee of the Auckland Council under clause 22; and
(b)
that existed immediately before the date on which the employee became an employee of the Auckland Council.
(2)
The rights, duties, liabilities, and obligations referred to in subclause (1) vest in the Auckland Council on the date on which the employee becomes an employee of the Auckland Council.
Schedule 2 New Schedules 3 and 4 inserted
s 20
Schedule 3 Conflicts of interest
s 40A
1 When interests must be disclosed
(1)
In this clause, matter means the ARTC’s performance of its functions (including responsibilities, duties, functions, or powers delegated under section 38B).
(2)
A member of the ARTC is interested in a matter if they—
(a)
may derive a financial benefit from the matter; or
(b)
are the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or
(c)
may have a financial interest in a person to whom the matter relates; or
(d)
are a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or
(e)
are otherwise directly or indirectly interested in the matter.
(3)
However, a member is not interested in a matter—
(a)
because they receive remuneration or expenses authorised under this Act or another Act; or
(b)
if their interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence them in carrying out their responsibilities under this Act or the Land Transport Management Act 2003; or
(c)
only because they have past or current involvement in the relevant sector, industry, or practice.
2 Obligation to disclose interest
(1)
A member who is interested in a matter relating to the ARTC must disclose details of the interest in accordance with clause 3 as soon as practicable after the member becomes aware that they are interested.
(2)
A general notice of an interest in a matter relating to the ARTC, or in a matter that may in future relate to the ARTC, that is disclosed in accordance with clause 3 is a standing disclosure of that interest for the purposes of this clause.
(3)
A standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases.
3 Who disclosure of interests must be made to
(1)
The member must disclose details of the interest in an interests register kept by the ARTC.
(2)
The ARTC must provide a copy of the interests register to the Minister of Transport and the mayor at least every 3 months.
4 What must be disclosed
The details that must be disclosed under clause 3 are—
(a)
the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or
(b)
the nature and extent of the interest (if the monetary value cannot be quantified).
5 Consequences of being interested in matter
A member who is interested in a matter—
(a)
must not vote or take part in any discussion or decision relating to the matter, or otherwise participate in any activity that relates to the matter; and
(b)
must not sign any document relating to the initiation of the matter; and
(c)
is to be disregarded for the purpose of forming a quorum (if a quorum is required by standing orders) for that part of a meeting during which a discussion or decision relating to the matter occurs or is made.
6 Consequences of failing to disclose interest
(1)
The ARTC must notify the Minister of Transport and the mayor of a failure to comply with clause 2 or 5, and of the acts affected, as soon as practicable after becoming aware of the failure.
(2)
A failure to comply with clause 2 or 5 does not affect the validity of an act or matter.
(3)
However, subclause (2) does not limit the right of any person to apply, in accordance with law, for judicial review.
7 Permission to act despite being interested in matter
(1)
The chairperson may, by making an entry in the interests register, permit 1 or more members, or members with a specified class of interest, to do anything otherwise prohibited by clause 5 if the chairperson is satisfied that it is in the public interest to do so.
(2)
The permission may state conditions that the member must comply with.
(3)
If there is no chairperson, or if the chairperson is unavailable or interested, the permission may be given jointly by the Minister of Transport and the mayor.
(4)
The permission may be amended or revoked in the same way as it may be given.
8 Entity may avoid certain acts done in breach of conflict of interest rules
(1)
The ARTC may avoid a natural person act done by the ARTC in respect of which a member was in breach of clause 5.
(2)
However, the act may be avoided only within 3 months after the affected act is disclosed to the Minister of Transport and the mayor under clause 6.
(3)
If an affected act is disclosed to the Minister of Transport and the mayor at different times, the 3-month period is calculated by reference to the earlier disclosure.
(4)
An act in which a member is interested can be avoided on the ground of the member’s interest only in accordance with this clause.
Schedule 4 Local boards’ powers, functions, and responsibilities in relation to local roads and collector roads in Auckland
s 47C
| Provision | Description | Exclusions | ||
|---|---|---|---|---|
| Government Roading Powers Act 1989: | ||||
| Section 54(2)(a) to (c) and (3) | Functions and responsibilities of a controlling authority in relation to the removal of a structure | |||
| Section 55(2)(a) to (f) | Powers of a responsible authority in relation to an owner or occupier of any land adjoining a road or public work | |||
| Section 96(1) | Administration of a limited access road passed to a territorial authority | |||
| Local Government Act 1974: | ||||
| Section 319(1)(f) | Power to determine what part of a road must be a carriageway, footpath, or cycle track | |||
| Section 331 | Power to form or upgrade footpaths | Power to impose a charge under section 331(1) | ||
| Section 332 | Power to form a public cycle track | Power to take, purchase, or otherwise acquire land for the purpose of constructing the cycle track under section 332(2) | ||
| Section 334(1)(b) | Power to lay out or plant grass plots, flower beds, or trees on a road and prohibit traffic on those plots or flower beds | |||
| Section 334(1)(c) | Power to erect a monument, statue, or other erection | |||
| Section 336(1) | Powers relating to pedestrian malls | |||
| Section 341(1)(a) | Power to grant a lease of, or any part of, the airspace above the surface of a road | |||
| Section 346A | Power to declare a road to be a limited access road and to revoke the status of a road as a limited access road | |||
| Section 355(1) and (9) | Powers of a council in relation to removal, etc, of objects | |||
| Section 591(1)(d) | Power to authorise any part of a road for use as a parking place | |||
| Schedule 10, clauses 11(e), 11A, and 11B | Power to close a road to traffic and associated powers and responsibilities of a council | |||
| Land Transport Rule: Setting of Speed Limits 2024: | ||||
| All | Powers and responsibilities of a territorial authority that is a road controlling authority in relation to speed limits (including speed limits around schools and temporary speed limits) | |||
| Land Transport Rule: Street Layouts 2023: | ||||
| Clauses 2.1 to 2.3 | Powers and responsibilities of a road controlling authority in relation to a roadway within its control | |||
| Section 3 | Powers and responsibilities of a road controlling authority in relation to installing pilots | |||
| Section 4 | Powers and responsibilities of a road controlling authority in relation to authorising a community street | |||
| Land Transport Rule: Traffic Control Devices 2004: | ||||
| Clause 6.2(2) | Power to install additional traffic signals | |||
| Clause 6.4(21) | Power to install temporary traffic signals | |||
| Section 7 | Power to provide traffic control devices | |||
| Clause 8.2(1) and (2) | Power to mark a pedestrian crossing on a road | |||
| Clause 8.3(1) and (3) | Power to authorise, and to withdraw the authorisation of, the Board of Trustees of a school to appoint persons as members of school patrols | |||
| Clause 8.4 | Power to provide a school crossing point | |||
| Clause 10.6 | Power to mark a road surface to indicate the area that a road user must not enter when the road user’s intended passage through that area is blocked by traffic | |||
| Clause 11.4(4) | Power to install facilities for the parking, standing, or storage of specified things | |||
| Clause 12.4 | Designation of an area of road as a loading zone, reserved parking, or time-restricted parking | |||
| Transport (Vehicular Traffic Road Closure) Regulations 1965: | ||||
| Regulation 3 | Power to close a road | |||
Schedule 3 Consequential amendments
s 21
Part 1Amendments to Land Transport Management Act 2003
Section 5
In section 5(1), replace the definition of Auckland Council with:
Auckland Council means the unitary authority established by section 6 of the Local Government (Auckland Council) Act 2009
In section 5(1), insert in their appropriate alphabetical order:
Auckland Regional Transport Committee or ARTC means the Auckland Regional Transport Committee established by section 38 of the Local Government (Auckland Council) Act 2009
transport CCO has the meaning given under section 4(1) of the Local Government (Auckland Council) Act 2009
In section 5(1), repeal the definition of Auckland Transport.
In section 5(1), definition of public road controlling authority, repeal paragraph (c).
In section 5(1), definition of regional council, replace paragraph (b) with:
(b)
when used in—
(i)
Parts 2 to 4, includes a unitary authority:
(ii)
Part 5, includes—
(A)
a unitary authority:
(B)
any territorial authority to which the regional council has transferred the functions, powers, and duties of a regional council under that Part
In section 5(1), replace the definition of regional transport committee with:
regional transport committee means a regional transport committee established under section 105
In section 5(1), replace the definition of road controlling authority with:
road controlling authority, in relation to a road, means the Minister, department of State, Crown entity, State enterprise, or territorial authority that controls the road
Section 13
Replace section 13(2) with:
(2)
Every 6 financial years, Auckland Council, in the case of Auckland, must—
(a)
ensure that the ARTC prepares, on Auckland Council’s behalf, a regional land transport plan; and
(b)
approve the Auckland regional land transport plan by a date appointed by the Agency.
Section 14
In section 14, replace “or Auckland Transport (as the case may be) for approval, the regional transport committee”
with “for approval, or before the ARTC submits a regional land transport plan to Auckland Council for approval, the regional transport committee or the ARTC”
.
New section 15
After section 14, insert:
15 Additional requirements for Auckland regional land transport plan
Before the ARTC submits a regional land transport plan to Auckland Council for approval, the ARTC must—
(a)
have regard to the Auckland Council’s long-term plan; and
(b)
have regard to any consultation document prepared and adopted by Auckland Council under section 93A of the Local Government Act 2002 (if it is using the special consultative procedure in relation to the adoption or amendment of a long-term plan); and
(c)
have regard to any Auckland Council transport policy statement that has been approved by the governing body of Auckland Council; and
(d)
ensure that the regional land transport plan is consistent with the 30-year transport plan for Auckland approved under section 42 of the Local Government (Auckland Council) Act 2009.
Section 16
In section 16(3)(a), delete “for regions other than Auckland,”
.
Repeal section 16(3)(b).
In section 16(3)(c), after “committee”
, insert “or, in the case of Auckland, the ARTC”
.
Replace section 16(3)(c)(i) with:
(i)
activities proposed by approved organisations in the region, other than those activities specified in paragraph (a); and
In section 16(3)(d), after “committee”
, insert “or, in the case of Auckland, the ARTC”
.
In section 16(5)(a), after “committees”
, insert “or, in the case of Auckland, the ARTC”
.
In section 16(5)(b), after “committee,”
, insert “or, in the case of Auckland, by the ARTC”
.
In section 16(6)(g), after “committee”
, insert “or, in the case of Auckland, by the ARTC”
.
Section 18
In section 18(1), after “committee”
, insert “or, in the case of Auckland, the ARTC”
.
Replace section 18(2) with:
(2)
Before the ARTC consults the public under subsection (1), it must consult both the governing body of Auckland Council and each affected local board of the Council.
Section 18A
In section 18A(2), after “committee”
, insert “or, in the case of Auckland, the ARTC”
.
Repeal section 18A(3).
In section 18A(4), replace “Auckland Transport”
with “The ARTC”
.
Section 18B
In section 18B, after “committee”
, insert “or, in the case of Auckland, the ARTC”
in each place.
Section 18C
Repeal section 18C.
Section 18CA
In section 18CA, after “committee”
, insert “or, in the case of Auckland, the ARTC”
in each place.
Section 18D
In section 18D(1), after “committee”
, insert “or, in the case of Auckland, the ARTC”
.
In section 18D(2), after “committee”
, insert “or, in the case of Auckland, the ARTC”
.
In section 18D(2)(b), after “committee’s”
, insert “or, in the case of Auckland, the ARTC’s”
.
Repeal section 18D(3).
In section 18D(4), replace “Auckland Transport”
with “the ARTC”
.
In section 18D(7), delete “or Auckland Transport”
.
Section 18E
In section 18E(2), after “committee”
, insert “or, in the case of Auckland, the ARTC”
.
Repeal section 18E(7).
Section 18F
In section 18F(1), delete “or Auckland Transport (as the case may require)”
.
Repeal section 18F(1)(a)(v).
Repeal section 18F(2).
Section 18G
In section 18G, delete “, the Auckland Council,”
in each place.
Section 19B
After section 19B(b)(v), insert:
(vi)
30-year transport plan for Auckland.
Section 19D
In section 19D(2), replace “Auckland Transport”
with “the ARTC”
.
Section 23
In section 23(4), replace “Auckland Transport”
with “the transport CCO”
.
Section 26
In section 26(da), replace “Auckland Transport’s”
with “the transport CCO’s”
.
Section 35
In section 35, replace “Auckland Transport”
with “the ARTC”
.
Section 38AA
In section 38AA(2), replace “Auckland Transport”
with “the ARTC, the transport CCO”
.
In section 38AA(2), replace “the Auckland transport system”
with “land transport in Auckland”
.
Repeal section 38AA(3).
Section 67
After section 67(1)(b)(ii), insert:
(iii)
any 30-year transport plan for Auckland; and
Section 103
Replace section 103(8) with:
(8)
Before making a declaration under subsection (1) or varying or revoking a declaration under subsection (4), the Agency must consult any regional council or territorial authority that may be affected by the proposed declaration, variation, or revocation and, if the road concerned is within a project area for a specified development project, the Agency must also consult Kāinga Ora–Homes and Communities.
Section 105
In section 105(9), delete “or Auckland Transport and 1 or more adjoining regional councils”
.
Repeal section 105(9A)(d).
Replace section 105(9C) with:
(9C)
The chair and deputy chair of a joint regional transport committee established under subsection (9) must both be persons who represent a regional council.
Repeal section 105(10A).
Section 105A
Repeal section 105A(1)(a).
Section 106
In section 106(1), delete “(other than the regional transport committee for Auckland)”
.
In section 106(2), replace “, including the regional transport committee for Auckland,”
with “or, in the case of Auckland, the ARTC”
.
In section 106(3)(c), delete “or Auckland Transport (as the case may be)”
.
In section 106(4), delete “(including the regional transport committee for Auckland)”
.
Section 107
Repeal section 107(4).
Section 108
In section 108(3), delete “or Auckland Transport”
.
In section 108(4), delete “or Auckland Transport”
.
Section 109B
In section 109B(7), definition of specified agency, paragraph (a), replace “Auckland Transport”
with “the ARTC”
.
Section 114
Repeal section 114.
Section 121
Replace section 121(1)(c)(i)(G) with:
(G)
in the case of a plan or a variation adopted by the Auckland Council, the ARTC; and
Section 125
In section 125(1)(a), replace “Auckland Transport”
with “the Auckland Council”
.
In section 125(1)(b)(i), replace “(but Auckland Transport must consult the Auckland Council and each affected local board of the Auckland Council)”
with “(but the Auckland Council must consult the ARTC)”
.
Section 128
Repeal sections 128(3) and (4).
Section 129
In section 129(1), delete “or the Auckland Council”
.
Repeal section 129(1)(e).
Part 2Amendments to other Acts
Freedom Camping Act 2011 (2011 No 61)
In section 6(2)(a)(ii), replace “Auckland Transport”
with “the transport CCO”
.
In section 6(3), replace “Auckland Transport”
with “transport CCO”
.
Repeal section 42(4).
Goods and Services Act Tax 1985 (1985 No 141)
In section 2(1), definition of local authority, repeal paragraph (b)(vii) and (viii).
Government Roading Powers Act 1989 (1989 No 75)
Repeal section 62(7).
Income Tax Act 2007 (2007 No 97)
In section YA 1, definition of council-controlled organisation, paragraph (b), delete “Auckland Transport (as established by section 38 of the Local Government (Auckland Council) Act 2009) or Auckland Regional Holdings (as established by section 18 of the Local Government (Auckland) Amendment Act 2004 or”
.
In section YA 1, definition of local authority, repeal paragraph (b)(vii) and (viii).
New Zealand Infrastructure Commission/Te Waihanga Act 2019 (2019 No 51)
In section 23(6)(g), replace “Auckland Transport”
with “the transport CCO”
.
Official Information Act 1982 (1982 No 156)
In Schedule 1, insert in its appropriate alphabetical order:
Auckland Regional Transport Committee
Remuneration Authority Act 1977 (1977 No 110)
In Schedule 4, insert in its appropriate alphabetical order:
The members of the Auckland Regional Transport Committee appointed by the mayor of Auckland under section 38D(c) of the Local Government (Auckland Council) Act 2009
Urban Development Act 2020 (2020 No 42)
In section 9, repeal the definition of Auckland Transport.
In section 9, replace the definition of relevant territorial authority with:
relevant territorial authority, in relation to a specified development project (or a project being assessed as a potential specified development project), means every territorial authority whose district includes land in the project area (or proposed project area)
In section 142(1), repeal the definition of relevant territorial authority.
Replace section 297(1) with:
(1)
This section applies if, in relation to a specified development project, the board of Kāinga Ora delegates any of its functions and powers to a local authority.
Part 3Revocation and amendments to secondary legislation
Airport Authorities (Auckland Transport) Order 2020 (LI 2020/5)
The Airport Authorities (Auckland Transport) Order 2020 (LI 2020/5) is revoked.
Land Transport Rule: Setting of Speed Limits 2024
In clause 1.4(1), revoke the definition of Auckland Transport.
In clause 1.4(1), definition of territorial authority, paragraph (b), delete “, Auckland Council or Auckland Transport”
.
Land Transport Rule: Street Layouts 2023
In clause 1.4(1), revoke the definition of Auckland Transport.
In clause 1.4(1), definition of local authority, delete “and also includes Auckland Transport”
.
Railway Operator Order 1990 (SR 1990/315)
Replace clause 2(c) with:
(c)
the transport CCO (a body corporate continued by section 43 of the Local Government (Auckland Council) Act 2009):