Chapter A1 The planning, programming and funding process

A1.8 Legislative framework for land transport planning, programming and funding

Introduction

This section describes the various pieces of legislation that define planning, programming and funding for the land transport system.

Purpose of the Land Transport Management Act

The Land Transport Management Act 2003 (LTMA) as amended by the Land Transport Management Amendment Act 2008 provides the legislative framework for managing and funding land transport activities.

The purpose of the LTMA is to:

• Contribute to the aim of achieving an affordable, integrated, safe, responsive and sustainable land transport system.

Contents of the LTMA

The LTMA:

• provides an integrated approach to land transport funding and management that takes into account the views of affected communities
• improves social and environmental responsibility in land transport funding, planning and management
• provides the NZTA with a broad land transport focus
• ensures options and alternatives are given full consideration at an early stage in the development of programmes
• improves long-term planning and investment in land transport
• ensures that land transport funding is allocated in an efficient and effective manner
• improves the flexibility of land transport funding by providing for alternative funding mechanisms
• defines:
  • the functions of the NZTA
  • the role of regional councils with respect to land transport planning, programming and funding
  • the role of ARTA with respect to land transport planning, programming and funding
  • the composition and role of RTCs
• provides for:
  • the development of a national land transport strategy (NLTS)
  • RLTSs
  • a GPS.

Government Roading Powers Act 1989

The Government Roading Powers Act 1989 (previously named the Transit New Zealand Act 1989) deals with:

• the powers and duties of Ministers, the NZTA and other road controlling authorities
• the provisions relating to roads, access ways and service lanes, state highways, motorways and limited access roads.

Transport Services Licensing Act 1989

The Transport Services Licensing Act 1989 covers:

• licensing of transport services
• registration of road, rail and other passenger services.

The Act provides for regional councils, or territorial authorities that have the functions, duties and powers of a regional council, to prepare a regional passenger transport plan. The plan is to specify the passenger services the regional council or territorial authority proposes to be provided in its region or district, both generally and in respect of the transport disadvantaged.

A contracted service is a specified service that a regional council has contracted to pay for the supply of that service. Only local authorities can fund contracted services.

Local Government Act 2002

The Local Government Act 2002 (LGA):

• states the purpose of local government
• provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them
• promotes the accountability of local authorities to their communities
• provides for local authorities to play a broad role in promoting the social, economic, environmental and cultural well-being of their communities, taking a sustainable development approach.

The stated purpose of local government is:

• to enable democratic local decision making and action by, and on behalf of, communities
• to promote the social, economic, environmental and cultural well-being of communities, in the present and for the future.

Significant provisions of the LGA

The followng table shows significant provisions and where they are found in the LGA.

Content	Part/section of LGA
Requirements for planning, decision making, and accountability	Part 6 (sections 75 to 122)
Consultation provisions	sections 82 to 90
Provisions for identifying and reporting on community outcomes	sections 91 and 92
Provisions relating to planning, including long-term council community plans (LTCCPs) and annual plans	sections 93 to 97
Preparation of activity management plans	schedule 10

Local Government Act 1974

Part 21 of the Local Government Act 1974 sets out, among other things, provisions for:

• local roads
• limited access roads
• private roads
• private ways
• ferries
• drains
• road safety.

Railways Act 2005

The Railways Act 2005 promotes the safety of rail operations by:

• stating the duty of rail participants and other persons to ensure safety, including licensing of rail participants
• authorising the Minister to make rules relating to rail activity
• providing for rail safety systems
• providing for protection of the rail corridor, interaction of rail and road, and construction and maintenance of railways.