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  Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Land Transport Management Act 2003

Land Transport Management Act 2003

SECTION

OBLIGATION TO MĀORI

4

Treaty of Waitangi

In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to land transport decision-making processes, sections 18(external link), 18A(external link), 18G(external link), 18H(external link), 49(external link), 59(external link), 65H(external link), 65I(external link), 78(external link), and 100(1)(f)(external link) and clause 6(external link) of Schedule 7 provide principles and requirements that are intended to facilitate participation by Māori in land transport decision-making processes.

18

Consultationrequirements

(1)        When preparing a regional land transport programme, a regional transport committee or Auckland Transport (as the case may require) must consult—

(a)        every affected regional council; and (ab)          

(b)       every affected territorial authority; and

(c)        every affected approved public organisation; and

...

(k)        affected communities; and

(l)         Māori of the region; and

 

18A

Consultation principles

(1)       In carrying out the consultation required under section 18(external link), a regional transport committee must—

(a)        act in accordance with the consultation principles set out in section 82(external link) of the Local Government Act 2002; and

(b)       use the special consultative procedure under sections 83(external link), 87(2)(a)(external link), and 89(external link) of the Local Government Act 2002.

(2)        A regional transport committee complies with subsection (1) if the required consultation on the regional land transport programme is carried out in conjunction with the relevant regional council's consultation on its long-term plan or its annual plan under the Local Government Act 2002.    

18G

Separate consultationwith Māori on particular activities

(1)        An approved organisation or the Agency (as the case may require) must do everything reasonably practicable to separately consult Māori affected by any activity proposed by the approved organisation or the Agency that affects or is likely to affect—

(a)        Māori land; or

(b)       land subject to any Māori claims settlement Act; or

(c)        Māori historical, cultural, or spiritual interests.

(2)        The relevant approved organisation or the Agency (as the case may be) must consult the land holding trustee (as defined in section 7(external link) of the Waikato Raupatu Claims Settlement Act 1995) about any proposed activity that affects or is likely to affect land registered in the name of Pootatau Te Wherowhero under section 19(external link) of that Act.

18H

Māori contribution to decision making

(1)        The Agency and approved public organisations must, with respect to funding from the national land transport fund,—

(a)        establish and maintain processes to provide opportunities for Māori to contribute to the organisation’s land transport decision- making processes; and

(b)       consider ways in which the organisation may foster the development of Māori capacity to contribute to the organisation’s land transport decision-making processes; and

(c)        provide relevant information to Māori for the purposes of paragraphs (a) and (b).

(2)        Subsection (1) does not limit the ability of the Agency or an approved public organisation to take similar action in respect of any other population group.

22

Funding for Māori roadways

(1)        The Agency may, in accordance with this Part, approve an activity relating to a Māori roadway as qualifying for payments to the Agency from the national land transport fund as if the roadway were a State highway.

(2)        The Agency may, in accordance with this Part, approve an activity relating to a Māori roadway as qualifying for payments to a territorial authority from the national land transport fund as if the roadway were a local road.

(3)        The Agency and territorial authorities may receive funding for a Māori roadway if the activity is included in a regional land transport programme.

 

49

Consultationrequirements

(1)        A public road controlling authority that seeks funding by way of a road tolling scheme must consult in accordance with sections 15(external link) to 18(external link) as if the public road controlling authority were seeking funding from the Agency, and those sections apply with the necessary modifications.

(2)        However, a public road controlling authority need not consult any person or organisation referred to in those sections about any matter if it has already consulted them about the matter in the course of carrying out consultation under any provision of this Act, other than this section, or under or for the purposes of any other Act.

59

Consultationrequirements

(1)      A public road controlling authority that seeks funding by way of a concession agreement must consult in accordance with sections(external link) 15 to 18(external link) as if the public road controlling authority were seeking funding from the Agency, and those sections apply with the necessary modifications.

(2)      However, a public road controlling authority need not consult any person or organisation referred to in those sections about any matter if it has already consulted them about the matter in the course of carrying out consultation under any provision of this Act, other than this section, or under or for the purposes of any other Act.

65H

Persons that must be consulted

When preparing a proposed regional fuel tax scheme, a regional transport committee must consult—

...

(k)      Māori of the region;

...

78

Consultationrequirements

(1)        When a regional transport committee prepares a proposed regional land transport strategy, it must consult—

...

(m)     Māori of the region; and

(2)        In carrying out the consultation required by subsection (1), a regional transport committee or the Auckland Council must—

(a)        act in accordance with the consultation principles set out in section 82(external link) of the Local Government Act 2002; and

(b)       use the special consultative procedure under sections 83(external link), 87(2)(a)(external link), and 89(external link) of the Local Government Act 2002.

(3)        A regional transport committee complies with subsection (2) if the required consultation on the regional land transport strategy is carried out in conjunction with the relevant regional council’s consultation on its long-term plan or its annual plan under the Local Government(external link) Act 2002(external link).

(4)        When a regional transport committee is preparing a regional land transport strategy, an approved organisation and the Agency must assist the committee or the council by giving it any reasonably requested information that it needs in order to prepare its strategy.

 

 

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