Local Government (Auckland Law Reform) Bill

The Local Government (Auckland Law Reform) Bill (the Bill) was introduced to Parliament on 10 December. It is the third Bill reorganising local government in Auckland. The Bill makes changes to the general framework for local boards, existing council controlled organisations, and includes special provisions to deal with the transfer of staff and assets from the existing entities into the new operating structure. It also provides for the establishment of the new regional transport authority, Auckland Transport. The Bill goes on to set out Auckland Transport’s purpose, functions and governance rules.

Read about the Bill on the Department of Internal Affairs website.

The following provisions in the Bill specifically relate to transport:

• The Bill establishes a statutory regional transport authority to be known as Auckland Transport.
• The Bill establishes a statutory regional transport authority to be known as Auckland Transport. Auckland Transport will have a Board of up to eight voting members, including up to two Councillors nominated by the Auckland Council. The New Zealand Transport Agency will be able to nominate a further non-voting member.
• Auckland Transport will be accountable to the Auckland Council who will appoint the board and govern it like a Council Controlled Organisations under the Local Government Act 2002.
• The Bill makes the Auckland Council responsible for setting the strategic direction for the Auckland transport system through the Auckland Regional Land Transport Strategy and in providing funding to Auckland Transport. 
• Auckland Transport will be responsible for the management and control of Auckland’s local roads and public transport system, including responsibility for preparing the Auckland Regional Land Transport Programme.
• Auckland Transport will control:
  - Local roads fence-to-fence
  - Public transport services
  - Public transport assets owned by the Council
• The Auckland Council will be able to delegate other transport functions to Auckland Transport, including management of off-street parking.
• The Bill requires that the Auckland Regional Land Transport Programme will continue to prioritise and bid for national funding of regional transport activities under the Land Transport Management Act. The Programme must be consistent with the Government Policy Statement on Land Transport Funding and the Regional Land Transport Strategy prepared under the Land Transport Management Act.
• The Regional Land Transport Programme will also serve as a comprehensive programme for all transport activities funded by the Auckland Council and local boards.
• Auckland Transport will become the local road controlling authority for Auckland and assume the majority of the transport related powers of a local authority under the 1974 and 2002 Local Government Acts, the Transport Act 1962 and the Land Transport Act 1998. Auckland Transport will also become a requiring authority under the Resource Management Act 1991, have Public Works Act 1981 powers and duties and be responsible for public transport under the Public Transport Management Act 2008.
• Auckland Transport will be responsible for transport bylaws that are necessary for the management of local roads and public transport.  Auckland Council will be responsible for other transport related bylaws (eg property development, liquor bans, cruising, naming roads).
• Consequential amendments include the disestablishment of the Auckland Regional Transport Authority, Auckland Regional Transport Network Limited and the Auckland Regional Transport Committee, and the repeal of related legislation under the Local Government (Auckland) Amendment Act 2004. The special arrangements set up to allocate functions between the Committee and the Auckland Regional Transport Authority under Schedule 7 of the Land Transport Management Act will also be repealed.
• The Bill also proposes the following to address transitional and saving issues:
  - the appointment of an interim Board and Chief Executive for Auckland Transport
  - saving of existing statutory instruments and bylaws (including Auckland’s Regional Land Transport Strategy and Regional Public Transport Plan)
  - retaining the existing Auckland Regional Land Transport Programme through to 2012 when it is due for review.
• The Bill provides for the interim Chief Executive of the Auckland Council, in consultation with the interim Chief Executive of Auckland Transport, to determine the allocation of transport staff between Auckland Council and Auckland Transport.

Read the questions and answers on the Bill here.