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Land Transport Management (Regulation of Public Transport) Amendment Bill (Consistent) [2023] NZBORARp 4 (2 March 2023)

Last Updated: 21 March 2023

2 March 2023

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Land Transport Management (Regulation of Public Transport) Amendment Bill

1. We have considered whether the Land Transport Management (Regulation of Public Transport) Amendment Bill (the Bill) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act).
2. We have not yet received a final version of the Bill. This advice has been prepared in relation to the latest version of the Bill (PCO 23527/9.2). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice.
3. The Bill makes amendments to the Land Transport Management Act 2003 (the principal Act) that are needed to establish the Sustainable Public Transport Framework. Amongst other changes, the Bill:
   1. enables regional councils to operate public transport services and allows different asset ownership arrangements;
   2. requires regional councils and territorial authorities to prepare regional public transport plans in collaboration;
   100. requires public transport services identified as integral to the public transport network to be bundled into units and provided under contract to, or be operated by a regional council, unless they are an exempt service;
   4. changes the framework for exempt services;
   5. includes transitional provisions that clarify the impact of reforms on regional public transport planning.
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel