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Chapter C1 Introduction to the preparation of a regional land transport programme
C1.4 Summary of legislative provisions for an RLTP
Introduction
This section summarises the LTMA provisions for an RLTP and includes a reference to the relevant section of the LTMA for each provision.
Preparation and approval responsibilities
In every region except for Auckland, the regional council is responsible for ensuring that the relevant RTC prepares an RLTP every three financial years.
The regional council must approve the RLTP by the date appointed by the NZTA.
Reference: For detail, see Chapter C2 Key dates and timelines.
For the Auckland region, ARTA must prepare and approve the RLTP.
Each regional council (or ARTA) must ensure that their first three-year RLTP is in place from 1 July 2009.
Legislation: LTMA s13 and LTMAA clause 5(a) of schedule 2.
Approved organisations propose activities
Approved organisations and the NZTA propose activities and combinations of activities for inclusion in an RLTP and recommend funding from the National Land Transport Fund (NLTF).
Legislation: LTMA s12, s16(1) and s17(1).
Core requirements of RLTP
The LTMA sets out core requirements of an RLTP. An RLTP must contain an assessment by the RTC or ARTA (as relevant) of how the RLTP complies with these core requirements.
Reference: For detail of the guideline assessment methodology, see section C12.9.
Legislation: LTMA s14, s15, s17(2)(a) and s17.
Form, content and detail
The LTMA sets out the content required in an RLTP.
References: The following content in this manual provides the form and detail:
- section C1.3 of this chapter provides the NZTA's guidelines on terms used in the LTMA relating to the content of an RLTP
- Chapter C12 Preparing a regional land transport programme sets out the form and detail of an RLTP, as prescribed by the NZTA to RTCs and ARTA.
Legislation: LTMA s16 for RTCs and s17 for ARTA.
Consultation with other parties
When preparing their RLTP, the RTC or ARTA must consult with listed organisations and persons. They must use the consultation principles and the special consultative procedure set out in the Local Government Act 2002.
This consultation may be carried out in conjunction with the relevant regional council's consultation on its long-term council community plan (LTCCP) or annual plan.
Legislation: LTMA s18 and s18A.
Exception: ARTA does not need to consult any listed organisation or person about any activity, or combination of activities, in its RLTP if an Auckland local authority has already consulted that organisation or person about the activity, or combination of activities, when preparing its current LTCCP or annual plan.
Separate consultation with Maori
Approved organisations and the NZTA (as required) must do everything reasonably practicable to separately consult Maori affected by any activity proposed by the organisation, or the NZTA, that affects (or is likely to affect):
- Maori land, or
- land subject to any Maori claims settlement Act, or
- Maori historical, cultural or spiritual interests.
Legislation: LTMA s18G.
Maori contribution to decision-making
The NZTA and approved public organisations must, with respect to funding from the NLTF, make provision for Maori contribution to decision making.
Legislation: LTMA s18H.
Needs of transport disadvantaged
When preparing any programme, approved organisations and the NZTA must consider the needs of persons who are transport disadvantaged.
Legislation: LTMA s35.
Approval of an RLTP
The LTMA provides a detailed process for approval of an RLTP.
This includes a process for amendment of an RLTP prepared by an RTC prior to approval of the RLTP by the regional council.
References:
- For detail of the RLTP approval process, see Chapter C12 Preparing a regional land transport programme.
- For guidance on amendment of a draft RLTP, see Chapter E4 Programme management and claims.
Legislation: LTMA s18B.
Dates for approving and forwarding an RLTP
Each regional council (and ARTA) must approve and forward the approved RLTP to the NZTA and other specified organisations and persons, and make the RLTP publicly available by the dates appointed by the NZTA.
When a regional council does not approve an RLTP, it must forward the RLTP and the regional council's reasons for not approving the RLTP to the NZTA by the dates appointed by the NZTA.
Reference: For detail, see Chapter C2 Key dates and timelines.
Legislation: LTMA s18F.
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