The Land Transport Management Act 2003 (LTMA) has become operational.
On 1 September 2023 the Order in Council to the Land Transport Management Act 2003 (LTMA) became operational.
Earlier this year, Te Manatū Waka Ministry of Transport consulted on emergency legislation that will streamline transport recovery works in parts of the North Island affected by Cyclones Gabrielle and Hale and the Auckland flood events through three Orders in Council (OiC) that modify primary legislation.
Te Manatū Waka proposed modifications via the three OiCs to allow funding, design, consenting and construction of road and rail infrastructure necessary as part of the recovery from the severe weather events, to be done in a timely and integrated way, while seeking to minimise disruption to communities.
The first OiC will modify the LTMA to expedite restoration of transport corridors by streamlining some of the planning and funding approval processes that apply to recovery activities funded by the National Land Transport Fund (NLTF).
The remaining two OiCs are expected to follow in October.
Similar steps were taken following the Canterbury and Hurunui/Kaikōura earthquakes and this model is being followed again as part of the response to the recent severe weather events.
Severe Weather Emergency Recovery KiwiRail Holdings Limited and Waka Kotahi New Zealand Transport Agency Orders
Severe Weather Emergency Recovery (KiwiRail Holdings Limited) Order 2023 and Severe Weather Emergency Recovery (Waka Kotahi New Zealand Transport Agency) Order 2023 (together referred to as “the Orders”).
Order in Council – Land Transport Management Act 2003
What the change to the Land Transport Management Act 2003 means
The change means that Waka Kotahi and KiwiRail will be able apply a streamlined process to allow funding to be released from the National Land Transport Fund (NLTF) to support repair and recovery activities on state highways and railway land affected by severe weather events.
In particular, activities can be approved for NLTF funding without having to be included in regional and national transport planning documents, which were last produced in 2021 and did not make provision for the recent severe weather events.
The LTMA OiC is expected to be in in place until 30 June 2024 after which normal planning and funding processes under the LTMA are expected to be able to provide the funding for any future recovery works that remain required.
Link to the LTMA OiC here
Link to the Gazette notice
Formal engagement is now closed on proposed transport Orders in Council to speed up cyclone recovery works
The Severe Weather Emergency Response Legislation Act 2023 has been passed to assist local authorities, Māori and communities affected by the recent severe weather events to respond to and recover from the impacts of the events.
The Act enables the creation of Orders in Council (OICs) so that approvals for recovery efforts in affected areas can be streamlined and sped up, for a limited period of time.
The Orders in Council will facilitate recovery works over the next few years to be undertaken on significantly damaged state highway and rail infrastructure by Waka Kotahi and KiwiRail.
This public engagement does not replace any engagement requirements on Waka Kotahi or KiwiRail prior to undertaking recovery work.
Update on proposed transport Orders in Council to speed up cyclone recovery works
Engagement closed on the three proposed transport Orders in Council (OiCs) on 10 July 2023.
Te Manatū Waka Ministry of Transport is progressing with the OiC that will modify the Land Transport Management Act 2003 (LTMA) within Tranche 4 as planned. Next steps include submission of the OiC to the Review Panel and the Regulations Review Committee.
The other two OiCs, which support recovery works by Waka Kotahi, and recovery and rebuild works by KiwiRail, will now be progressed as part of Tranche 5 Orders, given their complexity and the need to provide sufficient time to reflect feedback from engagement and for drafting.
Any questions on the proposed OiCs can be directed to Te Manatū Waka at email@example.com.