This page relates to the 2021-24 National Land Transport Programme.
This page provides descriptions of legislation that is related to the land transport planning framework. Information on the entities and planning documents involved can be found on separate pages.
About the planning and statutory framework
This act provides the necessary powers for Waka Kotahi NZ Transport Agency and ministers to build, maintain and manage roads. It was originally passed as the Transit New Zealand Act 1989.
Government Roading Powers Act 1989(external link)
This act establishes Kāinga Ora – Homes and Communities and requires that the Minister of Housing and Minister of Finance issue a government policy statement on housing and urban development.
The act consolidates processes and provides additional powers for Kāinga Ora.
Kāinga Ora – Homes and Communities
Government Policy Statement on Housing and Urban Development
Kāinga Ora – Homes and Communities Act 2019(external link)
The Land Transport Act (LTA) relates to the management and regulation of the road network and road users. It is not directly related to transport investment and planning.
The LTA promotes safe road user behaviour and vehicle safety; provides for a system of rules governing road user behaviour, the licensing of drivers and technical aspects of land transport; recognises reciprocal obligations of persons involved; consolidates and amends various enactments relating to road safety and land transport; and enables New Zealand to implement international agreements relating to road safety and land transport. It now includes the registration and licensing of motor vehicles and the regulation of commercial transport services and the limits on driving hours.
Land Transport Act 1998(external link)
You can read more about Waka Kotahi governing legislation on the Waka Kotahi website:
The Land Transport Management Act 2003 (LTMA) provides the legal framework for managing and funding land transport activities. The purpose of the LTMA is to contribute to an effective, efficient and safe land transport system in the public interest.
Land Transport Management Act 2003(external link)
a. ensure that the national land transport programme —
iii. gives effect to the GPS on land transport; and
b. take into account any —
iii. regional land transport plans; and
iv. national energy efficiency and conservation strategy; and
v. relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991.
National Policy Statement on Urban Development
You can read more about Waka Kotahi guiding legislation on the Waka Kotahi website.
Local government in New Zealand has powers conferred by the legislature under the Local Government Act. Section 12 sets up the framework for 78 local authorities including 11 regional councils at the top tier; 67 territorial authorities at the second tier, including 13 city councils, 53 district councils and Chatham Islands Council.
Territorial authorities – city, district and unitary councils
Five territorial authorities are unitary authorities, combining the powers of regional councils and territorial authorities (Auckland, Nelson, Gisborne, Tasman and Marlborough).
Local Government Act 2002(external link)
You can read more about Waka Kotahi governing legislation on the Waka Kotahi website.
The Resource Management Act is important for the transport planning and investment system both in terms of consent for specific activities, and more generally as it requires regional councils to produce regional plans (section 65) and territorial authorities to produce district plans (section 72).
Territorial authorities – city, district and unitary councils
National policy statements are issued by the Minister for the Environment under the Resource Management Act 1991 (section 52), which can direct regional councils and territorial authorities to amend their plans. The National Policy Statement on Urban Development 2020 is an example of this.
National Policy Statement on Urban Development 2020
Resource Management Act 1991(external link)
As of 2020, the resource management system is under review by the Ministry for the Environment. The review report titled New directions for resource management in New Zealand: report of the Resource Management Review Panel, was published in July 2020. This review was conducted by the independent Resource Management Review Panel chaired by retired Court of Appeal Judge, Hon Tony Randerson, QC.
Ministry of Environment independent review of the resource management system(external link)
Key recommendations of this report include: repeal of the Resource Management Act and its replacement with a Natural and Built Environments Act and the creation of a new Strategic Planning Act, including a framework for mandatory regional spatial planning.
You can read more about the Resource Management Act on the Waka Kotahi website.
The Urban Development Act consolidates processes and provides additional powers for Kāinga Ora, beyond those initially created by the Kāinga Ora – Homes and Communities Act 2019.
Urban Development Act 2020(external link)
Kāinga Ora - Homes and Communities
Kāinga Ora – Homes and Communities Act 2019
These include creating specified development projects.
Specified development projects
Urban Development Act 2020(external link)
You can read more about the Urban Development Act and the wider Urban Growth Agenda on the Ministry of Housing and Urban Development website.
