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Output: Ministerial Services

This output involves the provision of advice to the Minister(s) on issues arising across all modes of transport, draft responses to ministerial correspondence and parliamentary questions, speech drafts, development of legislation (Acts and regulations) and other services.


Actual 2008/09Performance measuresActual 2009/10Standards/ targets 2009/10
Achieved Legislation development and issuing of drafting instructions as agreed with the Minister(s) for the relevant calendar year. Achieved Achieved
3,481* Quantity
Number of draft Ministerial letters
1,871** 1,300-1,600
75% Timeliness
Percentage of draft Ministerials completed within 20 working days of receipt by the Ministry, unless specified urgent.
60% ≥95%
$5,770,486 Cost
The output is produced within appropriation (GST exclusive)
$6,813,310 $6,579,420

* This was the total number of ministerials received.

** This was the total number of ministerials requiring a reply (4,648 were received).

Commentary on performance

The increase in cost is mainly due to the allocation of more time to this area for reasons explained below.

Ministerial correspondence

The figure shown above of 1,871 reflects the number of ministerials requiring a reply. In addition to this, the Ministry received 2,777 letters that did not require a reply — a total of 4,648.

The total number of ministerials processed in 2009/10 (4,648) represents a 34 percent increase on 2008/09 (3,481). While 2,777 letters did not require a response, they still have to be processed which takes staff time and a cost is incurred.

The Ministry has failed to meet its timeliness target for the year. In response to this, the Ministry decentralised the drafting of ministerial responses from April 2010. Policy teams are now responsible for drafting responses in an effort to improve the percentage of ministerials completed within 20 working days.


During 2009/10, four transport Acts were passed:

  • Land Transport (Enforcement Powers) Amendment Act 2009
  • Land Transport Amendment Act 2009
  • Road User Charges Amendment Act 2009
  • Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010.

Each of these Acts was passed in short timeframes. The first went from inception to passage in less than nine months, and the last had only four months between the government confirming policy for the Bill and it passing.

For the Cape Town Convention legislation, in lieu of Select Committee consideration, the Ministry engaged with stakeholders on the relationship between the Convention and the Personal Property Securities Act, resulting in a Supplementary Order Paper. The Bill was passed on 23 June and received Royal Assent on 30 June to come into force on 1 November 2010.

The legislation to implement Safer Journeys: New Zealand’s road safety strategy 2010–2020, is still under way at 30 June 2010.

The Ministry also worked on the Land Transport Management Act 2003 (LTMA) with the focus on improving the processes within the Act, and achieving a durable piece of legislation for administering the land transport system. Rather than a major rewrite of the legislation, the review is looking at simplifying, and increasing the effectiveness of, planning, funding and accountability under the LTMA. The review is also looking at measures to reduce the barriers to using tolling, borrowing and public private partnerships to fund transport projects and will also repeal the regional fuel tax provisions in the LTMA.

Output: Rules management

This output provides for management and development of the transport rules and related regulations process. It involves accepting the need for a rule, developing and consulting with the public on the rule, supporting the Minister in the Cabinet and parliamentary process and facilitating the signing of rules, and any associated regulation, into law. It also includes negotiating and managing the annual programme and agreements for rules development services by the transport Crown entities.


Actual 2008/09Performance measuresActual 2009/10Standards/ targets 2009/10
Partially achieved Rules and regulations are developed as specified in the agreed annual rules programme. Partially achieved Priority work as detailed in the work programme
$4,058,725 Cost
The output is produced within appropriation (GST exclusive).
$4,069,335 $4,109,844

Commentary on performance

There were 29 rules planned for completion in 2009/10. Fourteen were completed.


ModePlanned for completionCompleted
Land 10 9
Maritime 13 3
Aviation 6 2
Total 29 14

Completion against target is at 48 percent. This is explained further below.
The following rules were completed:

Land transport rules

  • Omnibus 2009
  • Steering Systems Amendment Rule
  • Traction Engines Rule
  • Road User Amendment Rule (1) 2009
  • Road User Amendment Rule (2) 2009
  • Vehicle Dimensions and Mass Amendment Rule
  • Tyres and Wheels Amendment Rule
  • Dangerous Goods Amendment Rule
  • Worktime and Logbooks Amendment Rule

Maritime rules

  • Part 40E – Sailing Vessels
  • Part 200 – Offshore installations and discharges
  • Part 42B – Fire Fighting Equipment

Aviation rules

  • Part 21 – Special Category Aircraft
  • Civil Aviation Omnibus Amendment Rule (09)

Progress on other rules is as follows:


The outstanding rule will be carried forward to the 2010/11 programme.


Of the ten rules not completed, five are in their final stage of development. Delays in rule development are a result of changes to rule scope, issues associated with drafting, and additional complications with stakeholder engagement.


The four rules not completed are in the final stages of preparation for Ministerial consideration. These are legacy rules which have been on the programme for some time. Delays in rule completion are a result of changing scopes affecting proposed draft final rule provisions and the need for extended consultation.

Output class: Policy advice — financial performance (amounts are GST exclusive)


Actual 2008/09 $000Actual 2009/10 $000Main estimates 2009/10 $000Supplementary estimates 2009/10 $000 
27,817 Revenue Crown 27,199 31,078 30,491
540 Other revenue 726 288 588
28,357 Total revenue 27,925 31,366 31,079
28,078 Total expenses 27,769 31,366 31,079
279 Net surplus 156 - -

Output class: Sector leadership and support

Through this output class, the Ministry provides strategic leadership across the government transport sector. This enables transport Crown entities and other relevant agencies to align their strategic direction to contribute to the objectives of the transport government.

It also includes monitoring of, and advice to the Minister on, management of the Crown’s ownership and/or purchase interest in the transport sector Crown entities and other organisations.

The services provided will contribute to all the other sector outcomes and towards ensuring the government transport sector is efficient and effective.

This output class is supported by two outputs: transport leadership and direction setting, and ownership and purchase monitoring.

Output: Transport leadership and direction setting

This output focuses on the Ministry’s role to provide strategic transport leadership and overall direction.


Actual 2008/09 Performance measures Actual 2009/10 Standards/ targets 2009/10 
Partially achieved  Develop a programme and accompanying strategic documents to implement the government's priorities for transport. Ongoing  Achieved 
New  Begin work on the second Government Policy Statement for Land Transport Funding to be published by 30 June 2011. Underway  Underway 
Partially achieved  Programme to support implementation of the updated New Zealand Transport Strategy is developed and implemented following the release of the Strategy, in accordance with the agreed timeframes. Partially achieved  Achieved 
$2,168,695  Cost
The output is produced within appropriation (GST exclusive).
$1,312,056  $1,584,214 

Commentary on performance

The New Zealand Transport Strategy 2008 (NZTS) was published in August 2008 and provided a clear statement of the previous government’s direction for transport over a 30 year period to 2040. The current government in general terms supports the overall intent of the NZTS, but considers that moving too quickly on modal shift will have a negative impact on economic efficiency. The government will develop a forward plan for transport to meet its economic growth goals.

To assist in the development of the forward plan the Ministry is analysing strategic trends and issues on an ongoing basis and developed a paper for the Minister to initiate a debate in Cabinet about the longer-term direction for the transport sector. As a result four long-term transport outcomes were agreed by the Minister. These outcomes have been used for the Ministry’s and the transport Crown entities’ Statements of Intent for 2010–2013.

Work has begun on the next Government Policy Statement for Land Transport Funding to be released at the end of June 2011. The Government Policy Statement (GPS) is the policy lead document for the allocation of funding for land transport projects, which will feed into the funding allocation for the next three-year National Land Transport Programme (NLTP). The NLTP is expected to be published by the NZ Transport Agency in June 2012.

Output: Ownership and purchase monitoring

This output involves assessing and advising on transport Crown entities’ ongoing capability and performance in contributing to the government’s objectives, relevant government policy and each Crown entity’s statutory mandate. It includes providing advice to transport Ministers and Crown entities on where improvements can be made. This output also supports the Minister in the selection, appointment and development of Crown entity and other transport agency boards.


 Actual 2008/09Performance measures Actual 2009/10 Standards/ targets 2009/10 
Achieved  Effective governance, performance and capability of transport Crown entities. Achieved  Achieved 
$1,347,966  Cost
The output is produced within appropriation (GST exclusive).
$1,003,147  $915,786 

Commentary on performance

The Secretary for Transport’s Responsibilities under Section 101

From August 2008, Section 101 of the Land Transport Management Act 2003 introduced a new responsibility for the Secretary for Transport (Chief Executive) to ‘monitor and review specified activities and procedures…for the purpose of evaluating the performance of the land transport funding and planning system.’

Given the NZ Transport Agency’s responsibility for key elements of this funding and planning system, the Chief Executive and the NZ Transport Agency Board agreed that an effective means of discharging the Section 101 responsibility was for the Chief Executive to sit on the NZ Transport Agency Board’s Audit, Risk and Assurance Committee (the Committee), have input into the Board’s work programme, and utilise the results of the NZ Transport Agency’s internal audit function to address the Section 101 responsibility. The Chief Executive could still undertake additional review work if needed.

During 2009/10, the Committee and Chief Executive agreed a work programme that would address the Section 101 requirements over the 2009–2012 period, and the Chief Executive received committee papers and attended meetings. The first audit report covering elements of the Section 101 responsibility was received at the Committee’s August 2010 meeting. The Chief Executive will consider whether this information meets his responsibility and discuss any refinements to the current approach with the Committee.

Facilitate effective governance, performance and capability of transport Crown entities

The key services provided during 2009/10 were:

  • Advising the Ministers on the re/appointment of new Chairs for all four Crown entities, and three new members for both the Civil Aviation Authority and the NZ Transport Agency.
  • Advising Ministers and Crown entities on the latter’s proposed actions to improve performance, including working with the Civil Aviation Authority and the Office of the Auditor-General on a work programme to address the latter’s Report on the Civil Aviation Authority’s progress with improving certification and surveillance.
  • Working with Crown entities to facilitate an improved understanding of the requirements for reviews of fees and charges, and around consideration of value for money (for example, the Civil Aviation Authority Funding Review and the Maritime New Zealand Review).
  • Advising Ministers and entity Boards on improving strategic alignment, transparency, and performance information in the Crown entities’ Statements of Intent for 2010–13; facilitating related discussions between the Minister and Boards; and drafting Ministerial Letters of Expectations.
  • Advising the Ministers and Crown entities on the proposed management of revenue and expenditure pressures in light of the economic downturn.
  • Working with the NZ Transport Agency on implementing new requirements (under section 11(2)(f) of the Land Transport Management Act 2003) for the second annual report on the National Land Transport Fund.

Output class: Sector leadership and support — financial performance (amounts are GST exclusive)


Actual 2008/09 
 Actual 2009/10 
Main Estimates 2009/10
Supplementary Estimates 2009/10
3,517  Revenue Crown 2,315  1,950  2,500 
Other revenue
3,517  Total revenue 2,315  1,950  2,500 
3,517  Total expenses 2,315  1,950  2,500 
Net surplus/deficit

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