The Severe Weather Emergency Recovery KiwiRail and Waka Kotahi New Zealand Transport Agency Orders
Two Orders in Councils (OiCs) that will streamline transport recovery works in parts of New Zealand affected by Cyclones Gabrielle and Hale and the Auckland flood events come into effect today (6 October 2023). The OiCs are made under the Severe Weather Emergency Recovery Legislation Act 2023 .
The gazette notice can be found here.
In force date
6 October 2023
The OiCs will be in place until the close of 31 March 2028
What the OiCs do
The two OiCs modify several pieces of legislation that set the regulatory approval approaches for transport works. The two OiCs:
- support repair and recovery works by Waka Kotahi within the legal road boundaries or within 50m of the legal boundary
- support repair and recovery works by KiwiRail within the legal rail corridor and outside of those boundaries, with realignment at two sites (Awatoto and Esk Valley).
The specific modifications are to the Public Works Act 1981 in relation to compulsory acquisition powers.
Modifications to the Resource Management Act 1991, the Conservation Act 1988, the Wildlife Act 1953, the Reserves Act 1977 and the Freshwater Fisheries Regulations 1983, are in relation to truncating the process for making an application, the level of detail required, and the decision-making frameworks.
Modifications are also made to the Railways Act 2005 and the NZ Railways Corporation Act 1981 to allow KiwiRail a shorter notice period when undertaking recovery works.
The OiCs incorporate material by reference. “Incorporation by reference” is a legal way of making technical, lengthy, complex documents, models or information part of our law.
Material incorporated by reference
Links to certified copies of documents incorporated by reference into the OiCs are set out below. The documents, or the specified parts of the documents have the same legal effect as the OiCs.
The Chief Executive of the Te Manatū Waka Ministry of Transport has certified these copies as correct.
- Table 2 in “New Zealand’s historically rare terrestrial ecosystems set in a physical and physiognomic framework” by P A Williams, S K Wiser, B Clarkson, and M C Stanley New Zealand Journal of Ecology 31(2): 119–128(external link)
- Waka Kotahi Bridge Design Manual(external link) Note that Waka Kotahi Bridge Design Manual is only incorporated under the Waka Kotahi Order in Council.
- National Policy Statement for Indigenous Biodiversity, Appendix 1(external link)
- Technical Guidelines for Disposal to Land(external link)
- Tree felling protocol(external link)
- Kiwi Best Practice Manual(external link)
- New Zealand Fish Passage Guidelines(external link)
- Code of Welfare: Transport within New Zealand
Access to the material incorporated by reference
As well as by the links above this incorporated material can be inspected by appointment, free of charge, from Te Manatū Waka Ministry of Transport’s head office at the following address:
3 Queens Wharf
To make an appointment to inspect the incorporated material, please contact Te Manatū Waka Ministry of Transport on:
Phone: 04 439 9000
If you have any questions on the Orders in Councils, please contact: firstname.lastname@example.org
The Severe Weather Emergency Recovery (Land Transport Funding) Order 2023
The Severe Weather Emergency Recovery (Land Transport Funding) Order 2023 streamlines the funding of transport recovery works in parts of New Zealand affected by Cyclones Gabrielle and Hale and the Auckland flood events. The Order is made under the Severe Weather Emergency Recovery Legislation Act 2023 and came into effect on 1 September 2023.
The gazette notice can be found here.
The Order will be in place until the close of 30 June 2024.
What the Order does
The Order makes modifications to the Land Transport Management Act 2003 by streamlining approval processes relating to National Land Transport Fund funded transport recovery works, enabling a faster response to the damage sustained from the severe weather events.
The consultation on the Severe Weather Emergency Recovery KiwiRail Holdings Limited and Waka Kotahi New Zealand Transport Agency Orders has now closed
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”).
Severe Weather Emergency Recovery KiwiRail Holdings Limited and Waka Kotahi New Zealand Transport Agency Orders
The consultation on the Severe Weather Emergency Recovery KiwiRail Holdings Limited and Waka Kotahi New Zealand Transport Agency Orders has now closed.
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.