OC251092
22 December 2025
Charlie Drummond
[FYI request #32967 email]
Tēnā koe Charlie
I refer to your request dated 25 November 2025 which was transferred from New Zealand
Transport Agency to the Ministry of Transport (the Ministry), requesting the following under the
Official Information Act 1982 (the Act):
“the documents that informed the final paper, not just the final paper itself.
Drafts of the Cabinet Paper:
Please provide all substantive drafts of the Cabinet paper(s).
Advice and Briefings:
Please provide copies of all advice, briefing notes, Aide-Mémoires, and reports provided to the
responsible Minister(s) by the Ministry regarding the DDL policy.
This should include, but not be limited to:
- Advice on policy options and recommendations.
- Advice on the privacy, security, and human rights implications.
- Advice regarding international interoperability and the adoption of standards like ISO/IEC
18013-5.
Inter-Agency Consultation:
Please provide copies of all formal correspondence, meeting minutes, and summary notes of
consultations between the Ministry and other government agencies regarding the DDL policy.
This includes consultations with:
- The Ministry of Justice
- The Department of Internal Affairs
- The Government Chief Digital Officer (GCDO)
- The Office of the Privacy Commissioner
- New Zealand Police
- Security and Intelligence Agencies (e.g., GCSB, SIS)
External Consultation:
Please provide a list of all external, non-governmental organisations, companies, or industry
bodies that were formally consulted during the development of the policy. Please also provide
copies of any formal written submissions received from these external parties.”
On 27 November 2025, we sought clarification and refinement to your request. We advised that
some of the information that is in scope this request such as the Cabinet material relating to the
transport.govt.nz | hei-arataki.nz
HEAD OFFICE: PO Box 3175, Wellington 6140, New Zealand. PH: +64 4 439 9000
AUCKLAND OFFICE: NZ Government Auckland Policy Office, PO Box 106483, Auckland 1143, New Zealand. PH: +64 4 439 9000

“Regulatory Systems (Transport) Amendment Bil ” and “Land Transport Rules Reform Programme”
is already available on the Ministry’s website.
On 2 December 2025, you confirmed that you agreed with the Ministry’s proposed refinement to
the timeframe which was “advice provided to the Ministers responsible in the last one year”
21 documents fall within the scope of your request which are released with some information
withheld. Some information has been marked out of scope and where the similar information appears
twice that has been noted as duplicate.
The document schedule attached as Annex 1 outlines how the documents you requested have been
treated under the Act. Certain information is withheld under the following sections of the Act:
9(2)(a)
to protect the privacy of natural persons
9(2)(f)(iv)
to maintain the constitutional conventions for the time being which protect the
confidentiality of advice tendered by Ministers of the Crown and officials
9(2)(g)(i)
to maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or members
of an organisation or officers and employees of any public service agency or
organisation in the course of their duty
9(2)(h)
to maintain legal professional privilege
The Cabinet paper mentioned in document #1 titled “Progress on the Land Transport Rules
Reform Programme” falls outside the timeframe of the request however please note that it wil be
soon published on the Ministry’s website. Once published, it wil be found here:
https://www.transport.govt.nz/about-us/our-corporate-publications/proactive-releases/results
With regard to the information that has been withheld under section 9 of the Act, I am satisfied that
the reasons for withholding the information at this time are not outweighed by public interest
considerations that would make it desirable to make the information available.
The Ministry did not engage with “The Government Chief Digital Officer (GCDO) and “Security and
Intelligence Agencies (e.g., GCSB, SIS)”. Therefore, no correspondence exists between the
agencies. This part of your request is being refused under section 18(e) of the Act as the
documents alleged to contain the information requested does not exist.
Part four of the request is for a list of agencies formally consulted during the development of the
Policy. Motor Industry Association (MIA) and Transporting New Zealand were consulted during the
development of the policy.
You have the right to seek an investigation and review of this response by the Ombudsman, in
accordance with section 28(3) of the Act. The relevant details can be found on the Ombudsman’s
websit
e www.ombudsman.parliament.nz
The Ministry publishes our Official Information Act responses and the information contained in our
reply to you may be published on the Ministry’s website. Before publishing we wil remove any
personal or identifiable information.
Nāku noa, nā
Tessa Ayson
Acting Manager, Regulatory Reform
transport.govt.nz | hei-arataki.nz
Page 2 of 7
Annex 1 – Document Schedule
Doc #
Date
Title of Document
Decision on request
Draft of the Cabinet Paper, advice and briefings
1
29 January 2025 Excerpts from the Weekly Reports
Released with some information withheld
– 24 November
under sections 9(2)(f)(iv) and 9(2)(g)(i).
2025
2
12 February
OC250064 - Draft Cabinet Paper:
Released with some information withheld
2025
Regulatory Systems (Transport)
under sections 9(2)(a) and 9(2)(f)(iv).
Amendment Bil – Final Policy Decisions
Attachment:
•
Annex 1 Draft Cabinet paper
3
28 February
Email from Bonnie Hayvice (the Ministry) to Released with some information withheld
2025
Ministers Office
under sections 9(2)(a) and 9(2)(f)(iv).
Subject: ATTN Gary: OC0241457 Draft
Cabinet paper - Regulatory (Transport)
Amendment Bil - strengthening the
efficiency of the transport system
Attachments:
•
OC241457 Cabinet paper -
Regulatory Systems (Transport)
Amendment Bil final draft
•
RSTA - cover note for Private Sec
4
18 March 2025
Email from Bonnie Hayvice (the Ministry) to Released with some information withheld
Ministers Office
under sections 9(2)(a) and 9(2)(f)(iv).
Subject: ATTN Gary: OC250209 Updated
Regulatory Systems (Transport)
Amendment Bil Cabinet paper
Attachments:
•
OC250209 Updated Cabinet
paper Regulatory Systems
(Transport) Amendment Bill
Briefing – Policy
•
OC241457 Cabinet paper -
Regulatory Systems (Transport)
Amendment Bil final draft tracked
•
OC241457 Cabinet paper -
Regulatory Systems (Transport)
Amendment Bil final – clean
5
30 April 2025
Email from Laura Bender (the Ministry) to
Released with some information withheld
Ministers Office
under section 9(2)(a).
Subject: ATTN HanLing: OC 250315 Land
Transport Rules Reform Programme IN
CONFIDENCE
Attachment:
transport.govt.nz | hei-arataki.nz
Page 3 of 7
Doc #
Date
Title of Document
Decision on request
•
OC250315 - Land Transport
Rules Reform Programme -
Briefing – Policy
•
OC250315 Land Transport Rules
Reform Programme - Cabinet
Paper
6
14 May 2025
OC250333 - Introducing the Regulatory
Released with some information withheld
Systems (Transport) Amendment Bill
under sections 9(2)(a), 9(2)(f)(iv) and
9(2)(h).
Annex 1: Regulatory Systems (Transport)
Amendment Bil 2025: Approval for
Introduction – Cabinet paper
Annex 2: Summary table of proposals in
the Regulatory Systems (Transport)
Amendment Bil 2025
Annex 3: Departmental Disclosure
Statement
Annex 4: Letter to Chair of the Business
Committee
7
18 June 2025
OC250544 - Aide Memoire: Update on
Released with some information withheld
Progress of the Regulatory Systems
under sections 9(2)(a) and 9(2)(f)(iv) and
(Transport) Amendment Bill 2025
9(2)(h).
8
16 July 2025
Email from Sarah Godwin (the Ministry) to
Released with some information withheld
Gary Tonkin (Ministers Office)
under sections 9(2)(a), 9(2)(f)(iv) and
9(2)(g)(i).
Subject: OC250637 Regulatory Systems
(Transport) Amendment Bill - Draft first
reading materials – Aide Memoire and
attachments.
Attachments:
•
Annex 1 - RSTA Draft First
Reading Speech - Final draft
•
Annex 2 - Legislative Statement -
Regulatory Systems (Transport)
Amendment Bil 2025
Inter-Agency Consultation
9
5 March 2025
Email from James Ting-Edwards (Office of
Released with some information withheld
the Privacy Commissioner) to Bonnie
under sections 9(2)(a) and 9(2)(f)(iv).
Hayvice
Subject: RE: Cabinet paper for
departmental consultation - Regulatory
Systems (Transport) Amendment Bill -
strengthening the efficiency of the transport
system
10 11 March 2025
Email from Cameron Gruschow (Police) to
Released with some information withheld
Bonnie Hayvice (the Ministry)
under sections 9(2)(a) and 9(2)(f)(iv).
transport.govt.nz | hei-arataki.nz
Page 4 of 7
Doc #
Date
Title of Document
Decision on request
Subject: RE: [EXTERNAL] Cabinet paper
One email has been marked as duplicate of
for departmental consultation - Regulatory
email referenced in document #9.
Systems (Transport) Amendment Bill -
Some information has also been marked
strengthening the efficiency of the transport out of scope.
system
Attachments:
•
OC241457 Cabinet paper -
Regulatory Systems (Transport)
Amendment Bil final draft (Police)
11
11 March 2025
Email from James Little (Department of
Released with some information withheld
Internal Affairs) to Bonnie Hayvice (the
under section 9(2)(a).
Ministry)
One email has been marked as duplicate of
Subject: RE: Cabinet paper for
email referenced in document #9.
departmental consultation - Regulatory
Systems (Transport) Amendment Bill -
strengthening the efficiency of the transport
system
12
9 May 2025
Email from James Ting-Edwards (Office of
Released with some information withheld
the Privacy Commissioner) to Sarah
under section 9(2)(a).
Godwin
One email has been marked as duplicate of
Subject: OPC comments RE: Cabinet
email referenced in document #9.
paper for departmental consultation –
Regulatory Systems (Transport)
Amendment Bil - strengthening the
efficiency of the transport system
Attachments:
•
OPC comments RE: Cabinet
paper for departmental
consultation – Regulatory
Systems (Transport) Amendment
Bill - strengthening the efficiency
of the transport system
13
15 May 2025
Email from James Little (Department of
Release with some information withheld
Internal Affairs) to Laura Bender (the
under sections 9(2)(a) and 9(2)(g)(i).
Ministry)
Subject: RE: Departmental consultation:
Cabinet paper on Land Transport Rules
Reform Programme
14
21 May 2025
Email from Steve Penman (NZTA) to Laura
Released with some information withheld
Bender (the Ministry)
under section 9(2)(a).
Subject: FW: Departmental consultation:
One email has been marked as duplicate of
Cabinet paper on Land Transport Rules
email referenced in document #13.
Reform Programme IN CONFIDENCE
Some information has also been marked
Attachments:
out of scope.
transport.govt.nz | hei-arataki.nz
Page 5 of 7
Doc #
Date
Title of Document
Decision on request
•
OC250315 Land Transport Rules
Reform Programme - Cabinet
Paper (1) (002)
15
29 May 2025
Email from Rachel Townrow (Department
Released with some information withheld
of Internal Affairs) to Sarah Godwin (the
under sections 9(2)(a), 9(2)(f)(iv), 9(2)(g)(i)
Ministry)
and 9(2)(h).
RE: In confidence - Departmental
consultation - Regulatory Systems
(Transport) Amendment Bill and draft
Cabinet paper.
16
29 May 2025
Email from Sarah Jenkinson (Police) to
Released in full.
Sarah Godwin (the Ministry)
One email has been marked as duplicate of
Subject: RE: [EXTERNAL] In confidence -
email referenced in document #15.
Departmental consultation - Regulatory
Systems (Transport) Amendment Bill and
draft Cabinet paper
17
29 May 2025
Email from Cori Yap (NZTA) to Sarah
Released with some information withheld
Godwin (the Ministry)
under section 9(2)(a), 9(2)(f)(iv) and
9(2)(g)(i).
Subject: RE: In confidence - Departmental
consultation - Regulatory Systems
Some information has also been marked
(Transport) Amendment Bill and draft
out of scope.
Cabinet paper
Attachments:
•
NZTA comments for MOT -
Regulatory Systems (Transport)
Amendment Bil 2025 Approval for
Introduction - Cabinet Paper .docx
External Consultations
18
10 April 2025
Email from Katrina Quickenden (the
Released with some information withheld
Ministry) to externals
under section 9(2)(a).
Subject: IN CONFIDENCE: Draft transport
Some information has also been marked
rules reform work programme
out of scope.
Attachment:
•
Draft summary
19
23 April 2025
Email from Dom Kalasih (Transporting NZ)
Released with some information withheld
to Katrina Quickenden (the Ministry)
under section 9(2)(a).
Subject: FW: IN CONFIDENCE: Draft
One email has been marked as duplicate of
transport rules reform work programme
email referenced in document #18.
Some information has also been marked
out of scope.
20
3 June 2025
Email from Aimee Wiley (Motor Industry
Released with some information withheld
Association) to Katrina Quickenden (the
under section 9(2)(a).
Ministry)
transport.govt.nz | hei-arataki.nz
Page 6 of 7
Doc #
Date
Title of Document
Decision on request
Subject: MIA Submission - Draft transport
One email has been marked as duplicate of
rules reform work programme
email referenced in document #18.
Some information has also been marked
out of scope.
21 17 July 2025
Email from Katrina Quickenden (the
Released with some information withheld
Ministry) to externals
under section 9(2)(a).
Subject: RE: Transport sector/NZTA/MoT
stakeholder meeting: notes and actions
from 15 July meeting
Attachments:
•
Rules Reform Prog summary for
sector stakeholders July 2025 to
share.pptx
transport.govt.nz | hei-arataki.nz
Page 7 of 7

Document 1
Transport Portfolio Weekly Report Week commencing 24 November 2025
ACT 1982
NZTA
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Transport Portfolio Weekly Report Week commencing 17 November 2025
ACT 1982
Associate Transport Portfolio Weekly Report Week commencing 17 November 2025
Transport Portfolio Weekly Report Week commencing 10 November 2025
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 2 of 11
Transport Portfolio Weekly Report As at Tuesday 28 October 2025
Transport Portfolio Weekly Report As at Tuesday 21 October 2025 ACT 1982
Transport Portfolio Weekly Report As at Tuesday 14 October 2025
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 3 of 11
Transport Portfolio Weekly Report As at Tuesday 7 October 2025
ACT 1982
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 4 of 11
Transport Portfolio Weekly Report As at Tuesday 30 September 2025
Transport Portfolio Weekly Report As at Tuesday 23 September 2025
NZTA
ACT 1982
s 9(2)(g)(i)
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 5 of 11
Associate Transport Portfolio Weekly Report Week commencing 1 September 2025
ACT 1982
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 6 of 11
Transport Portfolio Weekly Report As at Tuesday 19 August 2025
NZTA
Transport Portfolio Weekly Report As at Tuesday 12 August 2025
NZTA
Transport Portfolio Weekly Report As at Tuesday 5 August 2025
NZTA
ACT 1982
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 7 of 11
Associate Transport Portfolio Weekly Report Week commencing 21 July 2025
s 9(2)(f)(iv)
ACT 1982
s 9(2)(f)(iv)
Transport Portfolio Weekly Report As at Tuesday 01 July 2025
NZTA
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 8 of 11
Associate Transport Portfolio Weekly Report Week commencing 22 April 2025
ACT 1982
Associate Transport Portfolio Weekly Report Week commencing 14 April 2025
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 9 of 11
Associate Transport Portfolio Weekly Report Week commencing 7 April 2025
ACT 1982
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 10 of 11
Associate Transport Portfolio Weekly Report Week commencing 31 March 2025
s 9(2)(f)(iv)
Transport Portfolio Weekly Report As at Wednesday 29 January 2025
s 9(2)(f)(iv)
ACT 1982
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
Page 11 of 11

IN CONFIDENCE
Document 2
12 February 2025
OC250064
Hon Chris Bishop
Action required by:
Minister of Transport
Monday, 17 February 2025
DRAFT CABINET PAPER: REGULATORY SYSTEMS (TRANSPORT) AMENDMENT
BILL – FINAL POLICY DECISIONS
Purpose
This briefing seeks your agreement to a suite of proposed legislative amendments to enhance the
efficiency and effectiveness of the transport system. Subject to this, it seeks your agreement to
ACT 1982
circulate a draft Cabinet paper (Annex 1) for ministerial consultation, seeking approval to issue
drafting instructions to the Parliamentary Counsel Office (PCO).
Key points
•
To improve the efficiency and effectiveness of the transport regulatory framework you
agreed to progress the Regulatory Systems (Transport) Amendment Bill (the Bill)s 9(2)(f)(iv)
•
To progress this Bill, we are seeking your decisions on five proposed amendments across
transport legislation that will modernise the transport system and reduce regulatory
complexity, saving time, money and delivering on the Government’s digital modernisation
and regulatory priorities. These are:
RELEASED UNDER THE
o
Proposal 1 – enabling digital driver licences to provide a convenient alternative to
physical documents and promote a modern and efficient transport system.
o
ICIAL INFORMATIO
Proposal 2 – enabling electronic issuing of regulatory notices and fees to streamline
services that will deliver significant efficiency benefits.
o
Proposal 3 - removing unnecessary display requirements to update outdated
OFFprocesses that will reduce administrative and compliance costs.
o
Proposal 4 – removing public transport principles to reduce cost and complexity for
public transport decision-makers.
o
Proposal 5 – introducing emergency powers for the Director of Land Transport to
improve system efficiency in times of disruption.
UNCLASSIFIED
Page
1 of
7
IN CONFIDENCE
•
Proposals 1-3 would establish enabling provisions to be neutral on the form of licences and
labels (allowing for physical and digital). However, the digitisation of physical licenses and
labels will take time to implement and for public uptake. You will receive further advice on
service design and delivery later this year, including timeframes costs and managing privacy
impacts.
•
The Bill will also reflect Cabinet decisions to amend the Clean Vehicle Standard and enable
councils to set the rate of parking fees below a maximum cap, minor changes to land
transport legislation (agreed by Minister Brown refer annex 3) to be agreed by Minister
Meager (Annex 4).
•
As agreed with you, we plan to proceed with the Bill as currently scoped and split any
contentious proposals out into a separate bill later, if required, following feedback from the
Business Committee (refer to OC250039).
•
A draft Cabinet paper is attached (Annex 1) which seeks approval to issue drafting
instructions to PCO for Proposals 1 to 5. Subject to your agreement and feedback, we
recommend circulating the draft Cabinet paper for ministerial consultation ahead of
lodgement on 26 February, for consideration at ECO on 5 March. This approach will ensure
ACT 1982
that we meet the broader timeframes for the Bill.
Recommendations
We recommend you:
1
agree to seek Cabinet decisions on the following matters for including in the Regulatory
Systems (Transport) Amendment Bill:
Yes / No
a) enable the use of digital driver licences.
b) facilitate the electronic issuing of infringements and other regulatory notices as an
enforcement mechanism, including by requiring the provision of electronic addresses
Yes/ No
to the New Zealand Transport Agency (NZTA) if the recipient has one.
RELEASED UNDER THE
c) enable digital in-vehicle labels and remove the requirements to carry and display
Yes / No
physical labels.
ICIAL INFORMATIO
2
agree to include in the draft Cabinet paper for consultation the proposal to remove three
Yes / No
public transport principles, subject to your decisions on further detailed advice (to be
provided on Wednesday 19 February):
OFF
a) (1)(a) well-used public transport services reduce the environmental and health
impacts of land transport, including by reducing reliance on single-occupant vehicles
and using zero-emission technology,
b) (1)(b) public transport services support a mode shift from private motor vehicle use
and equitable access to places, facilities, services, and social and economic
opportunities if they are co-ordinated, integrated, reliable, frequent, accessible,
affordable, and safe,
UNCLASSIFIED
Page
2 of
7

IN CONFIDENCE
c) (10(c) fair and equitable employment or engagement of people in the public
transport workforce should ensure that there is a sufficiently robust labour market to
sustain and expand public transport services.
3
agree to introduce emergency powers for the Director of Land Transport over land
transport documents and in respect of vehicle product safety regulation
Yes / No
4
note that in addition to proposals included in recommendations two to seven, the
Regulatory Systems (Transport) Amendment Bill would also include:
a) amendments to the Clean Vehicle Standard and to enable councils to set the rate of
parking fees below a maximum cap (CAB-MIN-0248),
b) minor and technical maritime and aviation-related amendments that were developed
under the previous Government are being considered by the Associate Minister of
Transport, and
c) minor and technical land proposals developed under the previous Government and
endorsed by Minister Brown (Annex 3)
ACT 1982
5
agree that subject to any feedback and the decisions of the Associate Minister of
Yes / No
Transport for proposals related to his delegations, circulate the attached Cabinet paper
for ministerial consultation to allow for lodgement on 26 February and consideration at
ECO on 5 March
Chris Nees
Hon Chris Bishop
Acting Deputy Chief Executive – Sector
Minister of Transport
Strategy
..... / ...... / ......
12/02/2025
RELEASED UNDER THE
Minister’s office to complete:
Approved
Declined
ICIAL INFORMATIO
Seen by Minister
Not seen by Minister
Overtaken by events
OFF
Comments
Contacts
Name
Telephone
First contact
Bonnie Hayvice, Senior Policy Advisor - Regulatory Reform
s 9(2)(a)
Katrina Quickenden, Manager – Regulatory Reform
UNCLASSIFIED
Page
3 of
7
link to page 22 link to page 22 link to page 22
IN CONFIDENCE
DRAFT CABINET PAPER: REGULATORY SYSTEMS (TRANSPORT) AMENDMENT
BILL – FINAL POLICY DECISIONS
You are progressing the Regulatory Systems (Transport) Amendment Bill
1
You recently agreed to progress the Regulatory Systems (Transport) Amendment Bill (the Bill)
s 9(2)(f)(iv)
As an
omnibus bill, there is an opportunity to adjust multiple pieces of transport legislation to
reduce duplication, gaps, errors and inconsistencies that create unnecessary system
complexity for users to engage with, and for the government to administer.
2
The previous Minister of Transport agreed to a broad range of proposals intended to
modernise services and enhance the efficiency and effectiveness of the transport system.
These include:
• changes sought by Minister Brown for your decision (included in this paper for your
decision)
ACT 1982
• decisions made by Cabinet to amend the Clean Vehicle Standard and enable councils to
set the rate of parking fees below a maximum cap (CAB-24-MIN-0248)
• minor and technical improvements to land transport legislation developed under the
previous Government, and subsequently endorsed by Minister Brown (refer Annex 3),
and
• minor and technical improvements to maritime legislation developed under the previous
Government, and aviation legislation (Associate Minister Meager is making decisions on
advice to proceed with these amendments, refer Annex 4)
.1
We are seeking your decision on five proposals to modernise our transport services and
streamline legislation
3
We are seeking your decision on five proposals that would modernise legislation and
RELEASED UNDER THE
generate greater system efficiencies, as set out in Table 1
.2 There is no plan to undergo
public or targeted consultation on the proposals prior to final policy decisions, with
consultation opportunities provided by the Select Committee process later this year
.3
ICIAL INFORMATIO
OFF
1 We have set these out in the draft Cabinet paper on the basis the Associate Minister agrees they progress.
2 Proposals 1 to 3 have been granted Regulatory Impact Analysis (RIA) exemptions by the Ministry of
Regulation, on the grounds that they either have no or only minor impacts on businesses, individuals, and not
for profit organisations or on technical grounds. We are awaiting a determination on whether a RIA is required
for Proposal 4.
3 Proposal 5 was developed under the previous Government and underwent both consultation and regulatory
impact analysis. Submitters noted the importance of the system to be able to respond quickly when regulatory
issues arise, particularly where there is a risk to safety. Submitters also stressed appropriate accountability and
oversight over the use of these powers which informed the final proposal outlined in the table above.
UNCLASSIFIED
Page
4 of
7
link to page 23 link to page 23
IN CONFIDENCE
Table 1. Proposals to modernise transport services and streamline legislation
Proposal
Description
Comment
1 - Enabling
The NZTA alongside the Department of Internal Affairs and
This is an enabling provision.
digital driver
technical experts are developing a digital driver licence that would
Implementation will take
licences
comply with international standards, be used anywhere and at
time and have associated
anytime, safeguard the privacy of the holder, and be verified in real
costs and privacy
time. This would include adjusting the definition of a driver licence
considerations to be worked
in the Land Transport Act 1998 and sections that require a physical
through
.5
licence
.4
This would complement
proposals as part of the
Graduated Driver Licensing
System improvements (refer
to OC241133).
This is an enabling provision.
2 - Better
Currently, various Acts, Regulations and Rules require notices to be
Implementation will take
enabling NZTA delivered to physical addresses and for physical addresses to be
time and have associated
to email
provided and updated. However, there is no requirement for
costs, although these costs
regulatory
electronic addresses. This creates unnecessary cost, is inefficient
will, in part, be balanced by
notices and
and does not support the modernisation of NZTA. This proposal
administrative savings in the
ACT 1982
would treat electronic addresses as an equal alternative to physical
long-term.
fees
addresses.
This is an enabling provision.
3 - Enabling
Labels such as motor vehicle registration, Warrant of Fitness (WoF),
Implementation will take
digital in-
Transport Services Licence (TSL) and Road User Charge (RUC)
time and have associated
vehicle labels
Licence are currently required to be physically displayed in vehicles.
costs, although these costs
This is both unnecessarily costly and onerous for customers
will, in part, be balanced by
compared to digital alternatives, and is costly to enforce.
administrative savings in the
long-term.
Instead, we propose to adjust relevant Acts and Regulations to
enable labels to be either displayed physically in-vehicle, presented
Changes required to the
digitally, and/or accessed electronically by enforcement authorities
Road User Charge Act 2012
based on number plate recognition.
will be progressed separately
through the Transport
(Revenue) Legislation Bill
(refer OC250026) to enable
RELEASED UNDER THEdigital RUC licences.
4 - Re-focusing The government’s overarching public transport objectives are
In the absence of these
ICIAL INFORMATIO
our public
incorporated into legislation through principles set out in Part 5 of
principles, non-regulatory
transport
the Land Transport Management Act 2003, which regulates public
mechanisms, such as
principles
transport. Those that exercise powers and/or perform functions
procurement guidance and
under Part 5 (such as NZTA and other transport authorities and
letters of expectation will
OFF
operators) must be guided by these principles.
continue to play an
4 Subsequent Rule changes will also be required prior to implementation, as they will also be for Proposals 2
and 3. You will receive separate advice on this in due course.
5 The Privacy Commissioner has previously commented on these proposals noting:
The Privacy Commissioner wishes to highlight the need to fully consider privacy impacts in any decisions on
digital drivers’ licences. In Australia uptake of digital drivers’ licences has led to data breaches and created
other potential cybersecurity risks. Handing over a smartphone to a person checking ID also presents a range of
novel risks to New Zealanders’ privacy. He has not seen any analysis of these risks and potential options to
mitigate them.
UNCLASSIFIED
Page
5 of
7
IN CONFIDENCE
important role in supporting
The principles cover a wide range of competing objectives. The
the sector to deliver efficient
previous Minister of Transport indicated that changes to the
and effective public
principles are warranted. Some could be removed to reduce
transport services.
compliance costs, improve regulatory certainty of public transport
decision makers, and more closely align with the Government’s
We are seeking your decision
public transport priorities. The following three principles could be
to include these in the
removed:
Cabinet paper for
•
consultation only. Further
(1)(a) - well-used public transport services reduce the
advice will be provided to
environmental and health impacts of land transport,
you on Wednesday 19
including by reducing reliance on single-occupant vehicles
February, for your decision
and using zero-emission technology,
ahead of lodgement.
•
(1)(b) - public transport services support a mode shift from
private motor vehicle use and equitable access to places,
facilities, services, and social and economic opportunities if
they are co-ordinated, integrated, reliable, frequent,
accessible, affordable, and safe, and
•
(1)(c) - fair and equitable employment or engagement of
people in the public transport workforce should ensure
that there is a sufficiently robust labour market to sustain
ACT 1982
and expand public transport services.
5 - Introducing COVID-19 lockdowns prevented people from reviewing their
These proposals offer better
emergency
expiring or expired land transport documents, highlighting
regulatory relief if needed in
powers for
limitations with how the Director of Land Transport’s powers can be exceptional circumstances,
the Director of applied. This proposal would enable the Director of Land Transport
and a stronger lever to
Land
to extend the term of any land transport document when a state of
respond if there is evidence
national or local emergency has been declared, an Epidemic Notice
that a class of vehicles poses
Transport
is in force, or with the Minister of Transport’s agreement.
a safety risk.
It would also introduce new powers for the Director of Land
Subject to your agreement,
Transport to require any vehicle, or class of vehicle, to present for
this proposal does not
inspection by a specified date, and be able to revoke the
require Cabinet agreement,
Certificate/Warrant of Fitness of a class of vehicles on the grounds
as it was agreed to by the
of not meeting safety requirements.
previous Government (CAB-
22-MIN-0177)
RELEASED UNDER THE
Cross-party support for some of these proposals may prove to be challenging
ICIAL INFORMATIO
4
Proposals that are progressed through bills of this nature require cross-party support from
the Business Committee. We previously advised that changes to the Clean Vehicle Standard
may not receive cross-party support (refer to OC250039). Similarly, there is a risk that the
Business Committee may not approve:
OFF
4.1
Proposals 1 to 3 due to these:
4.1.1 enabling broader policy change, and
4.1.2 if members consider there to be privacy concerns, recognising these proposals
would enable a new way to hold and use personal information. NZTA continues
UNCLASSIFIED
Page
6 of
7
link to page 25
IN CONFIDENCE
to work with experts and in line with obligations under the Privacy Act 2020 to
mitigate these concerns prior to implementation
.6
4.2
Proposal 4, as members of the Business Committee may consider there to be value in
retaining guiding principles related to equitable access, employment and reduced
environmental and health impacts.
5
As agreed with you, we will continue progressing these proposals through the Bill at this
stage, recognising any which prove contentious can be split out into separate bills later. This
approach ensures policy decisions by Cabinet are progressed as soon as possible. Following
Cabinet’s decision, you may also want to engage with the Business Committee to better
anticipate their response to the proposals and provide an opportunity to remedy concerns
prior to the Bill being officially considered.
Following your decisions, we propose the following timeline toward introduction
6
The attached draft Cabinet paper (Annex 1) seeks approval to issue drafting instructions for
Proposals 1 to 4. It also includes a fifth minor and technical proposal which the Associate
Minister of Transport is separately being briefed on. Following your decisions on this briefing
ACT 1982
paper and any subsequent alterations required, we recommend circulating the Cabinet paper
for ministerial consultation before lodgement on 26 February. We intend to conduct
departmental consultation simultaneously.
Table 2. Proposed timeline for the Regulatory Systems (Transport) Amendment Bill
Milestone/Activity
Due/Timeframe
Decision on this paper
17 February
Ministerial consultation
18 February – 25 February
Lodgement
26 February
ECO considers
5 March
RELEASED UNDER THE
Cabinet considers and drafting instructions issued to PCO
10 March
Advice on draft legislation
May
ICIAL INFORMATIO
Cabinet considers draft legislation
June
Business Committee considers the Bill
June
OFF
Introduction of the Bill
June
Select Committee
July -October
s 9(2)(f)(iv)
6 NZTA has undertaken initial Privacy Impact Analysis for Proposals 1,2 and 3, finding that where personal
information is involved, risks can be mitigated satisfactorily.
UNCLASSIFIED
Page
7 of
7
Attachment: Annex 1 Draft Cabinet paper
I N C O N F I D E N C E
In-confidence
Office of the Minister of Transport
Cabinet Economic Policy Committee
Regulatory Systems (Transport) Amendment Bil – strengthening
the efficiency of the transport system
Proposal
1
I seek Cabinet agreement to proposals to progress through the Regulatory Systems
(Transport) Amendment Bill (the Bill) to enable a more effective and efficient
transport system.
Relation to government priorities
2
The proposals will deliver on commitments made in the Government Policy
Statement on Land Transport as well as support other Government priorities
ACT 1982
including: to improve the quality and performance of regulatory systems; the digital
modernisation of services; and to reduce unnecessary government spending.
Executive Summary
3
Our transport system is managed by a significant legislative framework. Duplications,
gaps, errors and inconsistencies across legislation creates an unnecessarily complex
system for users to engage with and for government to administer. This generates time
and costs that hold us back from meeting our transport objectives.
4
I have identified a number of legislative solutions that would improve the
effectiveness and efficiency of the transport system by:
4.1
modernising legislation to enable convenient digital service alternatives to
physical licences and labels, and
RELEASED UNDER THE
4.2
streamlining and clarifying provisions to reduce complexity and ensure
legislation functions as intended.
5
I seek approva
ICIAL INFORMATIO
l to issue drafting instructions to the Parliamentary Counsel Office
(PCO) for the following proposals:
5.1
Proposal 1 – enabling digital driver licences as a convenient alternative to
OFFphysical documents and promote a modern and efficient transport system,
5.2
Proposal 2 – enabling electronic issuing of regulatory notices and fees to
streamline services that will deliver significant customer benefits,
5.3
Proposal 3 - removing unnecessary display requirements to update
outdated processes that will reduce administrative costs,
1
I N C O N F I D E N C E
I N C O N F I D E N C E
5.4
Proposal 4 – re-focusing our public transport principles to reduce cost and
complexity for public transport decision-makers, and
5.5
Proposal 5 – amending errors in the Civil Aviation Act 2023 to empower
airports to set charges and cost-recover fees, in line with the original intent of
the legislation.
6
I intend to progress these proposals through the Regulatory Systems (Transport)
Amendment Bill (the Bill).s 9(2)(f)(iv)
7
Through the Bill, I also intend to progress:
7.1
a number a minor and technical fixes across land transport, maritime and
aviation legislation that the Ministry of Transport developed under the
previous Government (Appendix Two), and
7.2
decisions already made by Cabinet to both enable councils to set parking fees
below maximum cap (CAB-24-MIN-0220) and enable adjustments to the
Clean Vehicle Standard to save motoring costs for New Zealanders (CAB-24-
MIN-0248).
ACT 1982
8
To advance these changes as a single bill requires cross-party support from the
Business Committee. While I generally consider these amendments to be either
technical or non-contentious, if any of these proposals prove otherwise, I intend to
split them into separate bills.
9
Subject to Cabinet agreement, I will return in June with draft legislation for these
proposals. The need for amendments to enable the changes to the Clean Vehicle
Standard drive the Bill’s timeline, as they need to be in force by the end of the year to
deliver as we have committed. It is also important that we amend the numbering error
in the Civil Action Act 2023 (that comes into force on 5 April 2025) as soon as
possible to ensure airport operators can carry out important operational functions.
10
While I intend for legislative changes to be enacted this year, the digitisation of
licences and labels will take time to implement and for public to select this
RELEASED UNDER THE
alternative. NZTA will participate in a co-design digital driver licence solution with
Austroads. Following this, I can provide Cabinet with indicative implementation
timeframes and costs, including any privacy risks that require addressing through the
ICIAL INFORMATIO
design of services and/or secondary legislation.
Background
OFF
An effective and efficient transport system requires a strong regulatory framework
11
Our transport system connects us all. When it works well, it enables New Zealanders
to safely and simply access the services they need to get places and run their
businesses. Ensuring our transport system’s efficient and effective operation is
therefore key to New Zealand’s economic prosperity and wellbeing.
12
A significant legislative framework underpins the transport sector: 26 transport-
related Acts, 15 Regulations, and 151 Rules across land, aviation and maritime.
2
I N C O N F I D E N C E
I N C O N F I D E N C E
Regularly maintaining and improving this framework is fundamental to maintaining
its effectiveness and efficiency and reduce the chance of regulatory failure.
13
This Government understands the importance of reducing regulatory complexity and
improving the quality and performance of regulatory systems. To support us to
achieve this, I intend to modernise a wide set of transport rules and I will update
Cabinet throughout the year as this work progresses. I also consider there to be a suite
of amendments to legislation that are long overdue. I am seeking Cabinet’s agreement
to a number of these proposals that if progressed, would modernise legislation and
generate greater system efficiencies. Proposals will achieve this by:
13.1 modernising legislation to enable convenient digital service alternatives to
physical licences and labels, and
13.2 streamlining and clarifying provisions to reduce complexity and ensure
legislation functions as intended.
Proposals
Our transport legislation needs modernising to keep up with developing technologies
ACT 1982
14
Currently, New Zealanders rely on physical licences and paper-based labels to engage
with the transport system and access NZTA services. Associated requirements to hold
and display these can be unnecessarily costly and onerous for users and administrators
of the transport services alike.
15
I am proposing a suite of amendments that would enable the digitisation of key
transport documentation. By enabling convenient alternatives that enhance efficiency,
this supports the Government’s digital modernisation goals that aims to promote a
modern and efficient public service.
16
I am seeking Cabinet agreement to:
16.1
Proposal 1 – enabling digital driver licences: make a series of legislative
amendments including to the Land Transport Act 1998 to enable the use of
digital driver licences. This would include the definition of a driver licence
RELEASED UNDER THE
and sections that require a physical licence.
16.2
Proposal 2 – enabling electronic issuing of regulatory notices and fees:
ICIAL INFORMATIO
make a series of legislative amendments, including to the Land Transport Act
1998 to facilitate the electronic issuing (e.g. emailing) of infringement and
other regulatory notices including making the provision of email addresses to
NZTA mandatory upon request (as is the case for postal addresses), and
OFF
16.3
Proposal 3 - removing unnecessary display requirements: make a series of
legislative and regulatory amendments that would remove requirements to
carry and display physical licences and labels such as a Warrant of Fitness
(WoF), Certificate of Fitness (CoF) and alternative fuel inspection certificates.
This is a dated practice that does not align with the future direction of the
transport system and carries an unnecessary administration cost. This proposal
would include amendments to the Land Transport Act 1998; Land Transport
3
I N C O N F I D E N C E
link to page 29 link to page 29
I N C O N F I D E N C E
(Motor Vehicle Registration and Licensing) Regulations 2011; and Land
Transport (Offences and Penalties) Regulations 1999.
1
17
While these proposals would make the necessary primary legislation changes to
enable digital licences and labels in the future, digitisation of physical licences and
labels will take time to implement and for public to select this alternative. A key part
of design is the need to ensure there are not any unintended privacy implications
before implementation.
18
For Proposal 1, NZTA will participate in a co-design digital driver licence solution
with Austroads.
2 Following this, I can provide Cabinet with indicative
implementation timeframes and costs, including any privacy risks that require
addressing through the design of services and/or secondary legislation. For Proposals
2 and 3, I will return to Cabinet later this year with more detail on service design and
delivery options, timeframes and associated costs.
Other amendments to streamline and clarify legislation will save time and costs
19
The government’s overarching public transport objectives are incorporated into
legislation through principles set out in Part 5 of the Land Transport Management Act
ACT 1982
(LTMA) 2003, which regulates public transport. Those that exercise powers and/or
perform function under Part 5 (such as NZTA and other transport authorities and
operators) must be guided by these principles.
20
The principles cover a wide range of competing objectives that can add regulatory
complexity for public transport decisions makers. To reduce compliance costs and
improve regulatory certainty for public transport decision makers, I am seeking
Cabinet agreement to:
20.1
Proposal 4 – re-focusing our public transport principles: remove the
following public transport principles from legislation:
20.1.1 (1)(a) - well-used public transport services reduce the environmental
and health impacts of land transport, including by reducing reliance
on single-occupant vehicles and using zero-emission technology
RELEASED UNDER THE
20.1.2 (1)(b) - public transport services support a mode shift from private
motor vehicle use and equitable access to places, facilities, services,
and social and economic opportunities if they are co-ordinated,
ICIAL INFORMATIO
integrated, reliable, frequent, accessible, affordable, and safe; and
20.1.3 (1)(c) - fair and equitable employment or engagement of people in
the public transport workforce should ensure that there is a
OFF sufficiently robust labour market to sustain and expand public
transport services.
1 Changes required to enable digital Road User Charges (RUC) licences will be progressed separately, as will
and rule changes required.
2 Austroads is the association of the Australian and New Zealand transport agencies, representing all levels of
government. Austroads is a not-for-profit, nonpartisan organisation and are funded by Australian and New
Zealand government transport agencies.
4
I N C O N F I D E N C E
link to page 30
I N C O N F I D E N C E
21
Removing these will result in a more cohesive set of public transport principles that
are in closer alignment with my transport priorities and the purpose of the LTMA. In
the absence of these principles, non-regulatory mechanisms, such as procurement
guidance and letters of expectation, will continue to play an important role in
supporting the sector to deliver efficient and effective public transport services.
22
In addition, the Associate Minister of Transport is responsible for decisions related to
aviation. I am seeking Cabinet agreement to progress his decision to:
22.1
Proposal 5 – amending errors in the Civil Aviation Act 2023: authorise the
Minister of Transport to update cross references and address other digital
matters in the Civil Aviation Act 2023.
23
I am advised that this proposal would enable two sets of consequential amendments
resulting from error in the drafting process.
24
The first relates to the setting of charges, which is an important element of an airport’s
operation. However, a numbering error made when enacting the Civil Aviation Act
2023 (that comes into force 5 April 2025) has resulted in Wellington and Auckland
airports not being able to set charges for “identified aerodrome activities provided,
ACT 1982
operated, or managed by the airport operator”.
3 This proposal would enable
consequential amendments allowing Wellington and Auckland airports to use the
powers outlined in s230 of the Civil Aviation Act 2023 to set charges, as originally
intended.
25
The second proposal is for a minor technical amendment to clarify that costs can be
recovered via levies unless those same costs are otherwise collected or to be collected
via the Airports (Cost Recovery for Processing of International Travellers) Act 2014.
This would align the Civil Aviation Act with the Customs and Excise Act 1996 and
the Biosecurity Act 1993, which already contain these clarifying statements. This
amendment fills an unintended legislative gap that exists because the Civil Aviation
Act 1990 was not consequentially amended to include this statement when the
aviation security levies were later introduced.
Next steps RELEASED UNDER THE
I intend to introduce an omnibus Bill to progress the range of regulatory fixes across the
transport system ICIAL INFORMATIO
26
I intend to progress a Regulatory Systems (Transport) Amendment Bill (the Bill) that
will provide the necessary legislative vehicle to progress these proposals. I also intend
for the following to be advanced through this Bill:
OFF
26.1 decisions already made by this Government in June 2024, to enable councils
to set parking fees below a maximum cap (CAB-24-MIN-0220) and in July
2024 to change the Clean Vehicle Standard to enable greater flexibility and
reduce compliance costs (CAB-24-MIN-0248); and
26.2 a number of minor and technical amendments to legislation that were
developed by the Ministry of Transport under the previous Government
3 S230, Civil Aviation Act 2003
5
I N C O N F I D E N C E
I N C O N F I D E N C E
(CAB-22-MIN-0177). A full list of amendments previously agreed is outlined
in Appendix Two. This includes amendments to Maritime legislation that my
Associate Minister of Transport has agreed to progress.
27
I expect to return to Cabinet in June with draft legislation. Subject to Cabinet
agreement, I anticipate introducing this Bill to the House in June 2025 and passed in
s 9(2)(f)(iv)
Milestone/Activity
Timeframe
Cabinet considers draft legislation
June 2025
Business Committee considers the Bil
June 2025
Introduction of the Bil
June 2025
Select Committee
July – October 2025
s 9(2)(f)(iv)
ACT 1982
28
The need for amendments to enable the changes to the Clean Vehicle Standard drive
the Bill’s timeline, as they need to be in force by the end of the year to deliver as we
have committed. It is also important we amend the numbering error in the Civil
Action Act 2023 as soon as possible to ensure airport operators can carry out
important operational functions.
Implementation
29
Legislative amendments to enable digital licences and labels alongside physical
licences (Proposal 1 to 3) will be implemented at a later date. This provides an
opportunity for NZTA to ensure privacy risks are mitigated prior to implementation,
and that new digital channels are attractive to use to encourage customers to select to
transact digitally.
RELEASED UNDER THE
30
NZTA and the Department of Internal Affairs are working to develop and implement
the digital driver licence platform. NZTA will participate in a co-design digital driver
licence solution with Austroads. Following this, I will provide Cabinet with indicative
implementation t
ICIAL INFORMATIO
imeframes and costs, including any privacy risks that require
addressing through the design of services and/or secondary legislation. For proposed
changes to other labels and licences, I will return to Cabinet this year with more detail
on service design and delivery options, timeframes and associated costs.
OFF
31
Other proposed amendments are minor and technical legislative changes that will be
implemented following the enactment of the proposed Bill.
Cost-of-living Implications
32
By removing or simplifying carrying and display requirements that bring unnecessary
administration costs, these proposals will overtime reduce the cost of living as
changes flow through to more sustainable fees and charges for the services NZTA
6
I N C O N F I D E N C E
I N C O N F I D E N C E
administers. Other amendments designed to streamline legislation will also support
this outcome.
33
Other proposals in this paper do not have material cost-of-living implications.
Financial Implications
34
These proposals have no significant financial implications. However, there will be
costs associated with the implementation of digital driver licences, enabling electronic
issuing of regulatory notices and fees, and removing unnecessary display
requirements. I will return to Cabinet with service design and delivery options later
this year which will include estimated costs.
Legislative Implications
35
The proposals in this paper will require changes across primary and secondary
legislation including: Land Transport Act 1998; Land Transport Management Act
2003; Civil Aviation Act 2023; Land Transport (Motor Vehicle Registration and
Licensing) Regulations 2011; Land Transport (Offences and Penalties) Regulations
1999; Railways Act 2005; Motor Vehicle Registration Regulations; and Infringement
and Reminder Notices and Regulations.
ACT 1982
36
I intend for these proposals to be progressed through the Bill, which I anticipate
introducing to the House in June 2025 s 9(2)(f)(iv)
Impact Analysis
Regulatory Impact Statement
Proposals 1 to 3
37
The Ministry for Regulation has determined these proposals are exempt from the
requirement to provide a Regulatory Impact Statement on the grounds they have no or
only minor impacts on businesses, individuals, and not-for-profit entities, or only
RELEASED UNDER THE
minor economic, social, or environmental impacts.
Proposal 4 [determination being sought]
ICIAL INFORMATIO
Proposal 5
38
The Ministry of Transport have claimed an exemption under Cabinet Office circular
OFF
CO(24)7 for the proposal to authorise the Minister of Transport to update cross
references and address other digital matters in the Civil Aviation Act 2023 (Proposal
5) on the grounds it is for a matter suitable to be included in a Statutes Amendment
Bill (as provided for in Standing Orders).
7
I N C O N F I D E N C E
link to page 33
I N C O N F I D E N C E
Climate Implications of Policy Assessment
39
The Climate Implications of Policy Assessment (CIPA) team has been consulted and
confirms that CIPA requirements do not apply to the proposals as none are expected
to result in any significant, direct emissions impacts.
Privacy Impact Assessments
40
Privacy Impact Assessments are used to identify and assess the privacy risks arising
from the collection, use and handling of personal information. When implemented,
proposals to digitise licences and labels (Proposal 1 to 3) would change the means in
which information is collected, used and handled. Some evaluation of privacy risks
has already been conducted by NZTA.
Proposal 1 – Enabling the use of digital driver licences:
41
NZTA found there to be potential risks regarding the accuracy and verification of
driver licence information and the appropriate safeguarding of this data. However,
NZTA has existing obligations under the Privacy Act 2020 to ensure customer data is
accurate and that there are safeguards in place to prevent unauthorised loss, misuse or
disclosure of personal information. NZTA is partnering with experts to ensure
ACT 1982
international standards are met as this technology is developed and implemented.
42
Initial evaluation also determines it to be preferable that NZTA do not use Unique
Identifiers for individuals given existing restrictions set out in the Privacy Act 2020.
4
NZTA is seeking technical advice on whether an alternative way of referencing users
can be developed.
Proposal 2 – facilitating electronic issuing of regulatory notices and fees:
43
NZTA assessed the impact of this proposal as ‘medium’, as while there is some
personal information involved, any risks can be mitigated satisfactorily.
44
NZTA also assesses that the proposal will reduce risks as e-servicing will enable
emails and attachments to both be password-protected to enhance privacy. This has
fewer privacy risks than the current practice of posting such notices to physical
addresses, with no confirmation of receipt, and in envelopes that can be
RELEASED UNDER THE opened by
anyone.
Proposal 3 – removing unnecessary display requirements
ICIAL INFORMATIO
45
NZTA assessed the impact of this proposal as ‘low’ as the use of personal information
is uncontroversial, and the risk of harm eventuating is negligible.
OFF
Population Implications
46
There are no population implications arising from these proposals.
4 Individual numbers, references, or other forms of identification allocated to people by organisations to
uniquely identify the person to the organisation assigning the identifier. For example, driver licence numbers.
8
I N C O N F I D E N C E
I N C O N F I D E N C E
Human Rights
47
Where proposals are enabling the use of technology, there will be an ongoing ability
to opt for the traditional route of being, for example, sent a notice via mail and
provide a physical copy of one’s driver’s licence. This recognises that while
technology can be enabling for many people and organisations, it can act as a barrier
for others.
Use of external Resources
48
No external resources were used in policy development of the proposals or drafting of
this paper.
Consultation
49
The following agencies were consulted on the contents of this paper:
[PLACEHOLDER: New Zealand Transport Agency, the Office of the Privacy
Commissioner, Ministry of Foreign Affairs and Trade, Ministry of Business
Innovation and Employment, the Treasury, Ministry for the Environment, New
Zealand Customs Service, Ministry of Social Development, Ministry for Disabled
People, Ministry for Primary Industries, and the Energy Efficiency a
ACT 1982
nd Conservation
Authority. The Department of the Prime Minister and Cabinet has been informed].
50
I do not propose to take further targeted or public consultation on the proposals
outlined in this paper. However, proposals outlined in Appendix Two underwent
public consultation between 1 June to 8 July 2022.
Communications
51
Once legislative drafting is complete, I will share my communications approach
including advising stakeholders of the Select Committee process to submit on the
contents of the Bill.
Proactive Release
52
This Cabinet paper and its corresponding minute will be proactively released within
RELEASED UNDER THE
30 business days of final policy decisions being taken by Cabinet.
Recommendations
ICIAL INFORMATIO
The Minister of Transport recommends that the Committee:
1
note that amendments are required across transport legislation to support effective
regulatory st
OFFewardship and an efficient transport system.
2
note that I intend to progress these amendments through the Regulatory Systems
(Transport) Amendment Bill, s 9(2)(f)(iv)
3
agree to enable the use of digital driver licences.
9
I N C O N F I D E N C E
I N C O N F I D E N C E
4
agree to facilitate the electronic issuing of infringement and other regulatory notices
as an enforcement mechanism, including by requiring the provision of electronic
addresses to the NZTA if the recipient has one.
5
agree to enable digital in-vehicle labels and remove the requirements to carry and
display physical labels.
6
agree to remove the following three public transport principles in legislation:
6.1
well-used public transport services reduce the environmental and health
impacts of land transport, including by reducing reliance on single-occupant
vehicles and using zero-emission technology,
6.2
public transport services support a mode shift from private motor vehicle use
and equitable access to places, facilities, services, and social and economic
opportunities if they are co-ordinated, integrated, reliable, frequent, accessible,
affordable, and safe,
6.3
fair and equitable employment or engagement of people in the public transport
workforce should ensure that there is a sufficiently robust labour market to
sustain and expand public transport services.
ACT 1982
7
authorise the responsible Minister to issue drafting instructions to the Parliamentary
Counsel Office to update cross references and address other editorial matters in the
Civil Aviation Act 2023
8
invite the Minister of Transport to issue drafting instructions to the Parliamentary
Counsel Office to give effect to proposals in recommendations 2 to 5 (including for
primary legislation and any associated regulations), including any necessary
consequential amendments, savings and transitional provisions.
9
authorise the Minister of Transport to make policy decisions that are consistent with
the overall policy, provided that these decisions are confirmed when the Bill is
considered for introduction.
Once the Minister has approved the draft Cabinet paper for lodgement for Cabinet or a
RELEASED UNDER THE
Cabinet committee, this section should be updated to state ‘Authorised for lodgement’.
ICIAL INFORMATIO
Hon Chris Bishop
Minister of Transport
OFF
10
I N C O N F I D E N C E
I N C O N F I D E N C E
Appendix One: Summary of final policy proposals for Cabinet agreement
Proposal
Description
Relevant
Comment
legislation
Enabling digital Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption
driver licences
Land Transport Act 1998 to enable the use of digital driver licences. This 1998
(DDL)
includes amending the definition of a driver licence and sections that
This is an enabling
require a physical licence. This change supports the Digitising
provision. Implementation
Government approach that aims to promote a modern and efficient public
wil take time and have
service by providing people with a convenient alternative to carrying a
associated costs. There are
physical copy of their driver licence.
outstanding privacy
considerations that need to
ACT 1982be worked through.
Better enabling Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption
NZTA to email
Land Transport Act 1998 to facilitate the electronic issuing (e.g. emailing) 1998
regulatory
of infringement and other regulatory notices. This includes sections that
This is an enabling
notices and fees specify how regulatory notices are sent and making the provision of email
provision. Implementation
addresses to NZTA mandatory upon request (as is the case for postal
wil take time and have
addresses). This change also supports the Digitising Government
associated costs, although
approach that aims to promote a modern and efficient public service and
these costs wil , in part, be
reduce unnecessary administration cost.
balanced by administrative
savings in the long-term.
Enabling digital Proposal to make a series of legislative amendments that would remove Land Transport Act
RIS exemption
in-vehicle labels requirements to carry and display physical licences and labels. This is a
1998; Land
dated practice that does not align with the future direction of the transport Transport (Motor
This is an enabling
system and carries an unnecessary administration cost. This proposal
Vehicle Registration provision. Implementation
RELEASED UNDER THE
would include amendments to the Land Transport Act 1998, Land
and Licensing)
wil take time and have
Transport (Motor Vehicle Registration and Licensing) Regulations 2011,
Regulations 2011;
associated costs, although
and Land Transport (Of ences and Penalties) Regulations 1999 to
Land Transport
these costs wil , in part, be
provide flexibility by enabling digital in-vehicle labels to be displayed.
(Offences and
balanced by administrative
ICIAL INFORMATIO Penalties)
savings in the long-term.
Regulations 1999
OFF
11
I N C O N F I D E N C E
I N C O N F I D E N C E
Re-focusing our Proposal to amend the Land Transport Management Act’s (LTMA) public Land Transport
RIS TBD
public transport transport principles set out in Part 5, section 115 by removing three
Management Act
principles
principles that add cost and complexity for public transport decision-
2003
makers. Removing these principles wil help to improve alignment
between the remaining public transport principles with Government
priorities and the purpose of the LTMA, reduce compliance costs and
improve regulatory certainty for public transport decision makers.
Amending an
Proposal to authorise the Minister of Transport to update cross
Civil Aviation Act
RIS exemption
error in the Civil references and address other digital matters in the Civil Aviation Act
2023
Aviation Act
2023. This would enable two sets of consequential amendments:
2023
a) allowing Wellington and Auckland airports to use the powers
outlined under S230 of the Civil Aviation Act 2023 to set charges ACT 1982
(Associate
as intended.
Minister
The setting of charges is an important element of an airport’s
responsible)
operation. However, a numbering error made when enacting the
Civil Aviation Act 2023 has resulted in Wellington and Auckland
airports not being able to set charges for ‘identified aerodrome
activities provided, operated, or managed by the airport operator’,
and
b) clarify that costs can be recovered via levies unless those
same costs are otherwise collected or to be collected via the
Airports (Cost Recovery for Processing of International Travellers)
Act 2014. This would align the Civil Aviation Act with the Customs
and Excise Act 1996 and the Biosecurity Act 1993, which already
contain these clarifying statements. This amendment fil s an
unintended legislative gap that exists because the Civil Aviation
Act 1990 was not consequentially amended to include this
statement when the aviation security levies were later introduced
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
12
I N C O N F I D E N C E
I N C O N F I D E N C E
Appendix Two: Summary of proposals agreed to by Cabinet in November 2022 (CAB-22-MIN-0177)
Land proposals
Proposal
Description
Relevant Legislation
Al ow the NZTA to
Proposal to amend the Government Roading Powers Act 1989 (GRPA).
Government Roading Powers Act
proactively close parts
This wil align NZTA’s powers with other Road Controlling Authorities.
1989
of the State Highway
network to address
safety concerns
Pedestrian access to
The GRPA restricts pedestrian access to motorways. This proposal wil
Government Roading Powers Act
approved areas within
update GRPA provisions to clarify that pedestrians may use approved
1989
motorway corridors
areas and infrastructure (e.g. bus stops).
ACT 1982
New offence and powers Drivers and owners of freight, vehicle recovery, and passenger service
Land Transport Act 1998
relating to Transport
vehicles are required to hold a TSL. The Land Transport Act 1998 (LTA)
Service Licences (TSL)
prohibits transferring, assigning, or leasing a TSL but there is no
corresponding offence. Propose to amend the LTA to: add an offence,
expand NZTA’s audit ability, extend power to suspend a TSL, and require
a fit/proper person check for a new person added to a TSL.
Simplify the Rule
This proposal wil remove duplicative consultation requirements in section Land Transport Act 1998
consultation process to 161(2)(c) of the LTA that are adequately covered in section 161(2)(b). The
remove duplication
Maritime Transport Act 1994 (MTA) and Land Transport Management Act
2003 (LTMA) wil be amended in the same way. This wil align transport
sector consultation practice with the Civil Aviation Act 2023.
Introducing emergency
Enable the Director of Land Transport to extend the term of any land
Land Transport Act 1998
powers for the Director
transport document when a state of national or local emergency has been
of Land Transport
declared, an Epidemic Notice is in force, or with the Minister of Transport’s
agreement. It wil also introduce new powers for the Director of Land
Transport to: require any vehicle, or class of vehicle, to present for
RELEASED UNDER THE
inspection by a specified date, and be able to revoke the Certificate/
Warrant of Fitness of a class of vehicles on the grounds of not meeting
safety requirements.
Increase the maximum
This proposal w
ICIAL INFORMATIO
il raise the maximum fees and fines that can be made
Land Transport Act 1998
level of fines and
through regulations under section 167 of the LTA. Maximum penalties for
infringement fees that
an individual wil vary from $2,000 to $3,000 for infringement fees, and
from $10,000 to $15,000 for fines before a court order. This would require
OFF
13
I N C O N F I D E N C E
I N C O N F I D E N C E
can be set through
public consultation on proposed amounts for specific offences. (This is a
regulations
separate initiative to the Fees and Penalties work)
Amend a drafting error
A drafting oversight in the LTMA means NZTA cannot legally declare a
Land Transport Management Act
to enable NZTA to
new road it has constructed as a state highway. Proposal to amend the
2003
declare a road as being
definition of road in the LTMA to correct this, and to ensure the validity of
a state highway
State highway declarations and any enforcement activities.
Clarify the criteria and
The E-Scooters (Declaration not to be motor vehicles) Notice 2018 led to
Land Transport Act 1998
consultation
complaints to the Regulations Review Commit ee about a lack of
requirements for when
transparency, and a lack of consultation by NZTA. Propose to amend the
NZTA can declare a
LTA to require that when NZTA declares a vehicle is not a motor vehicle,
vehicle to not be a motor they have regard to how the declaration wil contribute to a safe, inclusive
vehicle
and environmentally sustainable land transport system. The NZTA must
ACT 1982
also conduct an appropriate level of consultation prior to making a
declaration.
Introduce reactive
Proposal to introduce new powers for NZTA to freeze a scene to preserve Railways Act 2005
investigation powers
and collect evidence, access sites to investigate or carry out verification
under the Railways Act
inspections, request materials to be supplied for examination, interview
2005
personnel involved in a safety occurrence and require identified failings to
be remediated by the rail participant.
Al owing rail safety case Al rail licence holders are required to have a safety system with an
Land Transport Act 11998
applications to be
overarching safety case approved by NZTA. A 20-working day limit applies
paused
to applications for safety case approval. This proposal wil amend the LTA
to introduce a ‘stop-the-clock’ provision when NZTA requires further
information from an applicant, either for a new application or a variation to
a safety case.
Maritime Proposals
RELEASED UNDER THE
Proposal
Description
Relevant Legislation
Confer maritime safety
This proposal extends the functions, duties, responsibilities and powers of Maritime Transport Act 1994
powers on the Minister
a regional council relating to maritime safety under Part 3A the MTA to the
ICIAL INFORMATIO
of Conservation in the
Minister of Conservation. This wil allow the Minister of Conservation to
Subantarctic and
manage maritime safety at the Islands, with access to a system of powers
Kermadec Islands
in line with the rest of New Zealand.
OFF
14
I N C O N F I D E N C E
I N C O N F I D E N C E
Update the definition of Under the MTA, amendments to an international convention to which New Maritime Transport Act 1994
a ‘convention’ in the
Zealand is a party are not defined as part of the convention. This proposal
MTA
wil amend the definition of ‘convention’ to incorporate subsequent
amendments. This wil avoid multiple Orders in Council being required to
recognise that amendments have been made.
Clarifying the threshold Currently section 54A of the MTA requires the Director of Maritime New
Maritime Transport Act 1994
for starting an
Zealand (the Director) to have ‘reasonable grounds to believe’ non-
investigation of a
compliance with the requirements of a maritime document before initiating
maritime document
an investigation. ‘Belief’ implies a substantial level of evidence, which does
holder
not enable the Director to uncover covert breaches. This proposal wil
ACT 1982
amend the threshold to ‘reasonable grounds to suspect’.
Provide certainty that
This proposal wil establish that the Director can investigate a maritime
Maritime Transport Act 1994
breaches of maritime
document holder under section 54A where there are reasonable grounds
document holders’
to suspect a breach of their general duties under section 17 of the MTA.
duties are grounds for
an investigation
Addressing an
The MLC is an International Labour Organization treaty that sets out
Maritime Transport Act 1994
inconsistency with the
minimum standards to address the welfare and employment conditions of
Maritime Labour
seafarers. The MLC came into force in New Zealand in 2017.
Convention 2006 (MLC)
in respect to prohibiting The MLC allows charges for placing seafarers in employment provided
charges for placing
charges are not borne directly or indirectly by the seafarer. Section 27 of
seafarers in employment the MTA prohibits people providing seafarer recruitment and placement
services from charging for the service. This proposal wil align the MTA
with the MLC by removing the prohibition in section 27 of the MTA on
charging for seafarer recruitment and placement services.
RELEASED UNDER THE
Aligning seafarer
This proposal wil amend section 2 of the MTA to replace the definition of
Maritime Transport Act 1994
employment agreement ‘Articles of Agreement’ with the MLC definition of ‘seafarers’ employment
clauses with MLC
agreement’. ICIAL INFORMATIO
requirements
Align the MTA with the
Section 22(1)(d) of the MTA specifies that if requested by the seafarer, an Maritime Transport Act 1994
MLC requirement that a employer on a New Zealand ship on an overseas voyage must provide a
seafarer’s record of
OFF
15
I N C O N F I D E N C E
I N C O N F I D E N C E
employment need not
certificate as to the quality of the seafarer’s work. This proposal wil repeal
include any statement
section 22(1)(d).
as to the quality of their
work
Aligning with the MLC
Section 26(3) of the MTA states that an employer may employ two persons Maritime Transport Act 1994
requirement to prohibit
under the age of 18 to take the place of a single trimmer or stoker, if
people younger than 16 reasonable steps have been taken to find someone 18 or over. Section
years old from working
26(4) allows the Director of Maritime NZ to approve the employment of a
on a ship and people
school-aged person to carry out work on a training ship. These two
under 18 from
provisions wil be removed.
undertaking hazardous
work
ACT 1982
Revising and
The MLC places a number of obligations on ‘shipowners’. The MTA does
Maritime Transport Act 1994
reorganising Part 3 of
not use this term and refers to ‘employers’. This proposal wil insert a
the MTA to align it with
definition of ‘shipowner’ into the MTA. Al references to ‘employers’ in Part
the MLC
3 of the MTA wil be changed to ‘shipowner’. Other changes to Part 3 to
reflect MLC obligations include shifting the duty to provide food and
drinking water from the employer to the shipowner; introducing a
requirement for documentary evidence of financial security for the
purposes of repatriation of seafarers to be set by maritime rules; and
prohibiting advanced payments to cover costs of repatriation of a seafarer.
Clarifying rule-making
This proposal wil amend the MTA to clarify that the scope of its rule-
Maritime Transport Act 1994
and compliance powers making powers extends to minimum requirements for seafarers to work on
to support the
a ship; conditions of employment on a ship; repatriation of seafarers; and
implementation of MLC
the liability of shipowners to assist seafarers in the event of abandonment.
requirements
Amending the definition In section 2 of the MTA, the term ‘unit of account’ is used to represent an
Maritime Transport Act 1994
of unit of account
internationally defined value that can be used to calculate the limit of
RELEASED UNDER THE
liability or recompense for damage or loss. Currently, section 2 of the MTA
defines unit of account only with reference to Part 7 of the Act, when Parts
16, 25 and 26 are also relevant. This proposal seeks to make the definition
of, and calculations for, ‘units of account’ in the four parts of the MTA
ICIAL INFORMATIO
consistent.
Bring floating
An FPSO is a vessel used in the offshore oil and gas industry for the
Maritime Transport Act 1994
production and storage production, processing and storage of oil. This proposal seeks to ensure
OFF
16
I N C O N F I D E N C E
I N C O N F I D E N C E
and offloading units
FPSOs contribute to the maritime regulatory system when they enter New
(FPSOs) within the
Zealand’s territorial waters (there are currently no FPSOs in New
maritime levy
Zealand’s territorial waters).
Update the maximum
This proposal is to increase the maximum fines and infringement fees with Maritime Transport Act 1994
level of fines and
respect to Maritime Rules or navigation bylaws, and breaches of the
infringement fees that
marine protection rules. The new maximum penalties for individuals wil be
can be set through
$3000 for infringements and $15,000 for fines.
regulations in the MTA
Modernise the penalties This proposal would align the maximum financial penalties for MTA safety Maritime Transport Act 1994
for the safety offences in offences with the Health and Safety at Work Act 2015. This would enable
the MTA
foreign flagged and New Zealand ships and crew to be treated equally.
Amend the Maritime
This proposal is to update the maximum fines and fees in the Maritime
Martime (Of ences) Regulations
ACT 1982
(Offences) Regulations
Regulations and the Marine Regulations for the first time since 1998, to
1998;
1998 (Maritime
add penalties where none currently exist, and to tidy up inconsistencies
Marine Protection (Offences)
Regulations) and the
created by changes to the Maritime Rules over time.
Regulations 1998
Marine Protection
(Offences) Regulations
1998 (Marine
Regulations)
Proposals agreed in 2022 that wil no longer be progressed
Proposal
Description
Relevant Legislation
Remove Road
The LTA requires that fees charged by RCAs for reserved residential
Land Transport Act 1998
Controlling Authorities’ parking cannot exceed the reasonable cost of the service involved in
(RCAs) restrictions on
granting the permit. This proposal wil amend the current restriction to
cost recovery charging
require that the cost of residential parking be limited to a ‘reasonable’
RELEASED UNDER THE
for residential parking
amount.
Include Waka Kotahi in
This proposal wil replace ‘New Zealand Transport Agency’ in legislation
Across legislation
NZTA’s name in
with ‘Waka Kotahi New Zealand Transport Agency’
ICIAL INFORMATIO
legislation
OFF
17
I N C O N F I D E N C E
Document 3
Neha Pawar
From:
Bonnie Hayvice
Sent:
Friday, 28 February 2025 9:30 am
To:
Gary Tonkin (Parliament); Ministers Office
Cc:
Katrina Quickenden; Declan Lynch
Subject:
ATTN Gary: OC0241457 Draft Cabinet paper - Regulatory (Transport) Amendment
Bill - strengthening the efficiency of the transport system
Attachments:
OC241457 Cabinet paper - Regulatory Systems (Transport) Amendment Bill final
draft.docx; RSTA - covernote for Private Sec.docx
Follow Up Flag:
Follow up
Flag Status:
Completed
Categories:
Briefings to MO
Hi Gary,
As discussed, please find an updated draft Cabinet paper which seeks final policy decisions for the
proposals as part of the Regulatory Systems (Transport) Amendment Bill. ACT 1982
I have also attached a covernote with context and key points, and provided a draft email below to
support the Minister’s advisor to circulate the paper for ministerial consultation.
Happy to chat you have any questions.
Cheers
Bonnie
The Associate Minister of Transport is seeking written feedback on the attached draft Cabinet
paper, Regulatory Systems (Transport) Amendment Bill – strengthening the e iciency of the
transport system.
He intends to lodge on Thursday 27 February for consideration at ECO on Wednesday 5 March.
RELEASED UNDER THE
We would appreciate your feedback by 5pm 24 February.
The Cabinet paper seeks agreement to proposals to progress through the Regulatory Systems
ICIAL INFORMATIO
(Transport) Amendment Bill (the Bill) to enable a more e ective and e icient transport system.
Minister Meager proposes to:
OFF
enable digital driver licences as a convenient alternative to physical documents and
promote a modern and e icient transport system,
enable electronic issuing of regulatory notices and fees to streamline services that will
deliver significant customer benefits,
remove unnecessary display requirements to update outdated processes that will reduce
administrative costs,
re-focus our public transport principles to reduce cost and complexity for public transport
decision-makers,*** and
1

amend errors in the Civil Aviation Act 2023 to empower airports to set charges and cost-
recover fees, in line with the original intent of the legislation.
In addition to these five proposals, he also intends to progress:
a number a minor and technical fixes across land transport, maritime and aviation legislation
that the Ministry of Transport developed under the previous Government, and
decisions already made by Cabinet to both enable councils to set parking fees below
maximum cap (CAB-24-MIN-0220) and enable adjustments to the Clean Vehicle Standard to
save motoring costs for New Zealanders (CAB-24-MIN-0248).
Cross-party support from the Business Committee will be required to progress the Bill. If any
amendments prove contentious, he intends to split these into separate bills.
Timeline and implementation:
s 9(2)(f)(iv)
Subject to Cabinet agreement, Minister Meager
plans to have the new legislation introduced in June, considered by Select Committee in July-
October, s 9(2)(f)(iv)
While this Bill will progress the necessary legislative changes to enable the first three proposals,
ACT 1982
implementation of digital licences and labels will take time. The Minister of Transport will provide
Cabinet with indicative implementation timeframes and costs, including any privacy risks that
require addressing through the design of services and/or secondary legislation.
*** The Minister of Transport is currently considering whether to progress this proposal through the
Bill.
Bonnie Hayvice (she/her)
Kaitohutohu Matua I Senior Policy Advisor – Regulatory Reform
Te Manatū Waka Ministry of Transport
M s 9(2)(a)
| E: [email address] | transport.govt.nz
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
2
I N C O N F I D E N C E
Attachment 1
In-confidence
Office of the Associate Minister of Transport
Cabinet Economic Policy Committee
Regulatory Systems (Transport) Amendment Bil – strengthening
the efficiency of the transport system
Proposal
1
I seek Cabinet agreement to proposals to progress through the Regulatory Systems
(Transport) Amendment Bill (the Bill) to enable a more effective and efficient
transport system.
Relation to government priorities
2
The proposals will deliver on commitments made in the Government Policy
Statement on Land Transport as well as support other Government priorities
ACT 1982
including: to improve the quality and performance of regulatory systems; the digital
modernisation of services; and to reduce unnecessary government spending.
Executive Summary
3
Our transport system is managed by a significant legislative framework. Duplications,
gaps, errors and inconsistencies across legislation creates an unnecessarily complex
system for users to engage with and for government to administer. This generates time
and costs that hold us back from meeting our transport objectives.
4
The Minister of Transport and I have identified a number of legislative solutions that
would improve the effectiveness and efficiency of the transport system by:
4.1
modernising legislation to enable convenient digital service alternatives to
physical licences and labels, and
RELEASED UNDER THE
4.2
streamlining and clarifying provisions to reduce complexity and ensure
legislation functions as intended.
5
I seek approva
ICIAL INFORMATIO
l to issue drafting instructions to the Parliamentary Counsel Office
(PCO) for the following proposals:
5.1
Proposal 1 – enabling digital driver licences as a convenient alternative to
OFFphysical documents and promote a modern and efficient transport system,
5.2
Proposal 2 – enabling electronic issuing of regulatory notices and fees to
streamline services that will deliver significant customer benefits,
5.3
Proposal 3 - removing unnecessary display requirements to update
outdated processes that will reduce administrative costs,
1
I N C O N F I D E N C E
I N C O N F I D E N C E
5.4
Proposal 4 – re-focusing our public transport principles to reduce cost and
complexity for public transport decision-makers, and
5.5
Proposal 5 – amending errors in the Civil Aviation Act 2023 to empower
airports to set charges and cost-recover fees, in line with the original intent of
the legislation.
6
I intend to progress these proposals through the Regulatory Systems (Transport)
Amendment Bill (the Bill). s 9(2)(f)(iv)
7
Through the Bill, I also intend to progress:
7.1
a number a minor and technical fixes across land transport, maritime and
aviation legislation that the Ministry of Transport developed under the
previous Government (Appendix Two), and
7.2
decisions already made by Cabinet to both enable councils to set parking fees
below maximum cap (CAB-24-MIN-0220) and enable adjustments to the
Clean Vehicle Standard to save motoring costs for New Zeal
ACT 1982
anders (CAB-24-
MIN-0248).
8
To advance these changes as a single bill requires cross-party support from the
Business Committee. While I generally consider these amendments to be either
technical or non-contentious, if any of these proposals prove otherwise, I intend to
split them into separate bills.
9
Subject to Cabinet agreement, I will return in June with draft legislation for these
proposals. The need for amendments to enable the changes to the Clean Vehicle
Standard drive the Bill’s timeline, as they need to be in force by the end of the year to
deliver as we have committed. It is also important that we amend the numbering error
in the Civil Action Act 2023 (that comes into force on 5 April 2025) as soon as
possible to ensure airport operators can carry out important operational functions.
10
While I intend for legislative changes to be enacted this year, the digitisation of
RELEASED UNDER THE
licences and labels will take time to implement and for public to select this
alternative. NZTA will participate in a co-design digital driver licence solution with
Austroads. Following this, The Minister of Transport can provide Cabinet with
ICIAL INFORMATIO
indicative implementation timeframes and costs, including any privacy risks that
require addressing through the design of services and/or secondary legislation.
Background
OFF
An effective and efficient transport system requires a strong regulatory framework
11
Our transport system connects us all. When it works well, it enables New Zealanders
to safely and simply access the services they need to get places and run their
businesses. Ensuring our transport system’s efficient and effective operation is
therefore key to New Zealand’s economic prosperity and wellbeing.
2
I N C O N F I D E N C E
I N C O N F I D E N C E
12
A significant legislative framework underpins the transport sector: 26 transport-
related Acts, 15 Regulations, and 151 Rules across land, aviation and maritime.
Regularly maintaining and improving this framework is fundamental to maintaining
its effectiveness and efficiency and reduce the chance of regulatory failure.
13
This Government understands the importance of reducing regulatory complexity and
improving the quality and performance of regulatory systems. To support us to
achieve this, the Minister of Transport intends to modernise a wide set of transport
rules and will update Cabinet throughout the year as this work progresses. I also
consider there to be a suite of amendments to legislation that are long overdue. I am
seeking Cabinet’s agreement to a number of these proposals that if progressed, would
modernise legislation and generate greater system efficiencies. Proposals will achieve
this by:
13.1 modernising legislation to enable convenient digital service alternatives to
physical licences and labels, and
13.2 streamlining and clarifying provisions to reduce complexity and ensure
legislation functions as intended.
ACT 1982
Proposals
Our transport legislation needs modernising to keep up with developing technologies
14
Currently, New Zealanders rely on physical licences and paper-based labels to engage
with the transport system and access NZTA services. Associated requirements to hold
and display these can be unnecessarily costly and onerous for users and administrators
of the transport services alike.
15
I am proposing a suite of amendments, agreed to by the Minister of Transport, that
would enable the digitisation of key transport documentation. By enabling convenient
alternatives that enhance efficiency, this supports the Government’s digital
modernisation goals that aims to promote a modern and efficient public service.
16
I am seeking Cabinet agreement to:
RELEASED UNDER THE
16.1
Proposal 1 – enabling digital driver licences: make a series of legislative
amendments including to the Land Transport Act 1998 to enable the use of
digital driver licences. This would include the definition of a driver licence
ICIAL INFORMATIO
and sections that require a physical licence.
16.2
Proposal 2 – enabling electronic issuing of regulatory notices and fees:
make a series of legislative amendments, including to the Land Transport Act
OFF1998 to facilitate the electronic issuing (e.g. emailing) of infringement and
other regulatory notices including making the provision of email addresses to
NZTA mandatory upon request (as is the case for postal addresses), and
16.3
Proposal 3 - removing unnecessary display requirements: make a series of
legislative and regulatory amendments that would update requirements to
carry and display physical licences and labels such as a Warrant of Fitness
(WoF), Certificate of Fitness (CoF) and alternative fuel inspection certificates
where digital alternatives are available. Physical display is a dated practice
3
I N C O N F I D E N C E
link to page 48 link to page 48
I N C O N F I D E N C E
that does not align with the future direction of the transport system and carries
an unnecessary administration cost. This proposal would include amendments
to the Land Transport Act 1998; Land Transport (Motor Vehicle Registration
and Licensing) Regulations 2011; and Land Transport (Offences and
Penalties) Regulations 1999.
1
17
While these proposals would make the necessary primary legislation changes to
enable digital licences and labels in the future, digitisation of physical licences and
labels will take time to implement and for public to opt in to this alternative. A key
part of design is the need to ensure there are not any unintended privacy implications
before implementation.
18
For Proposal 1, NZTA will participate in a co-design digital driver licence solution
with Austroads.
2 Following this, the Minister of Transport can provide Cabinet with
indicative implementation timeframes and costs, including any privacy risks that
require addressing through the design of services and/or secondary legislation. For
Proposals 2 and 3, the Minister of Transport will return to Cabinet later this year with
more detail on service design and delivery options, timeframes and associated costs.
Other amendments to streamline and clarify legislation will save time and costs
ACT 1982
19
The government’s overarching public transport objectives are incorporated into
legislation through principles set out in Part 5 of the Land Transport Management Act
(LTMA) 2003, which regulates public transport. Those that exercise powers and/or
perform function under Part 5 (such as NZTA and other transport authorities and
operators) must be guided by these principles.
20
The principles cover a wide range of competing objectives that can add regulatory
complexity for public transport decisions makers. To reduce compliance costs and
improve regulatory certainty for public transport decision makers, I am seeking
Cabinet agreement to progress the Minister of Transport’s decision to:
20.1
Proposal 4 – re-focusing our public transport principles: remove the
following public transport principles from legislation:
20.1.1 (1)(a) - well-used public transport services reduce the environmental
RELEASED UNDER THE
and health impacts of land transport, including by reducing reliance
on single-occupant vehicles and using zero-emission technology
ICIAL INFORMATIO
20.1.2 (1)(b) - public transport services support a mode shift from private
motor vehicle use and equitable access to places, facilities, services,
and social and economic opportunities if they are co-ordinated,
integrated, reliable, frequent, accessible, affordable, and safe; and
OFF20.1.3 (1)(c) - fair and equitable employment or engagement of people in
the public transport workforce should ensure that there is a
1 Changes required to enable digital Road User Charges (RUC) licences will be progressed separately, as will
and rule changes required.
2 Austroads is the association of the Australian and New Zealand transport agencies, representing all levels of
government. Austroads is a not-for-profit, nonpartisan organisation and are funded by Australian and New
Zealand government transport agencies.
4
I N C O N F I D E N C E
link to page 49
I N C O N F I D E N C E
sufficiently robust labour market to sustain and expand public
transport services.
21
Removing these will result in a more cohesive set of public transport principles that
are in closer alignment with my transport priorities and the purpose of the LTMA. In
the absence of these principles, non-regulatory mechanisms, such as procurement
guidance and letters of expectation, will continue to play an important role in
supporting the sector to deliver efficient and effective public transport services.
22
In addition, I am seeking Cabinet agreement to:
22.1
Proposal 5 – amending errors in the Civil Aviation Act 2023: authorise the
Minister of Transport to update cross references and address other digital
matters in the Civil Aviation Act 2023.
23
This proposal would enable two sets of consequential amendments resulting from
error in the drafting process.
24
The first relates to the setting of charges, which is an important element of an airport’s
operation. However, a numbering error made when enacting the Civil Aviation Act
2023 (that comes into force 5 April 2025) has resulted in Wellington a
ACT 1982
nd Auckland
airports not being able to set charges for “identified aerodrome activities provided,
operated, or managed by the airport operator”.
3 This proposal would enable
consequential amendments allowing Wellington and Auckland airports to use the
powers outlined in s230 of the Civil Aviation Act 2023 to set charges, as originally
intended.
25
The second proposal is for a minor technical amendment to clarify that costs can be
recovered via levies unless those same costs are otherwise collected or to be collected
via the Airports (Cost Recovery for Processing of International Travellers) Act 2014.
This would align the Civil Aviation Act with the Customs and Excise Act 1996 and
the Biosecurity Act 1993, which already contain these clarifying statements. This
amendment fills an unintended legislative gap that exists because the Civil Aviation
Act 1990 was not consequentially amended to include this statement when the
aviation security levies were later introduced.
RELEASED UNDER THE
Next steps
I intend to introduce an omnibus Bill to progress the range of regulatory fixes across the
ICIAL INFORMATIO
transport system
26
I intend to progress a Regulatory Systems (Transport) Amendment Bill (the Bill) that
will provide the necessary legislative vehicle to progress these proposals. I also intend
OFF
for the following to be advanced through this Bill:
26.1 decisions already made by this Government in June 2024, to enable councils
to set parking fees below a maximum cap (CAB-24-MIN-0220) and in July
2024 to change the Clean Vehicle Standard to enable greater flexibility and
reduce compliance costs (CAB-24-MIN-0248); and
3 S230, Civil Aviation Act 2003
5
I N C O N F I D E N C E
I N C O N F I D E N C E
26.2 a number of minor and technical amendments to legislation that were
developed by the Ministry of Transport under the previous Government
(CAB-22-MIN-0177). A full list of amendments previously agreed is outlined
in Appendix Two.
27
I expect to return to Cabinet in June with draft legislation. Subject to Cabinet
agreement, I anticipate introducing this Bill to the House in June 2025 and passed in
s 9(2)(f)(iv)
Milestone/Activity
Timeframe
Cabinet considers draft legislation
June 2025
Business Committee considers the Bil
June 2025
Introduction of the Bil
June 2025
Select Committee
July – October 2025
s 9(2)(f)(iv)
ACT 1982
28
The need for amendments to enable the changes to the Clean Vehicle Standard drive
the Bill’s timeline, as they need to be in force by the end of the year to deliver as we
have committed. It is also important we amend the numbering error in the Civil
Action Act 2023 as soon as possible to ensure airport operators can carry out
important operational functions.
Implementation
29
Legislative amendments to enable digital licences and labels alongside physical
licences (Proposal 1 to 3) will be implemented at a later date. This provides an
opportunity for NZTA to ensure privacy risks are managed prior to implementation,
and that new digital channels are attractive to use to encourage customers to select to
transact digitally.
RELEASED UNDER THE
30
NZTA and the Department of Internal Affairs are working to develop and implement
the digital driver licence platform. NZTA will participate in a co-design digital driver
licence solution w
ICIAL INFORMATIO
ith Austroads. Following this, the Minister of Transport will
provide Cabinet with indicative implementation timeframes and costs, including any
privacy risks that require addressing through the design of services and/or secondary
legislation. For proposed changes to other labels and licences, the Minister of
OFF
Transport will return to Cabinet this year with more detail on service design and
delivery options, timeframes and associated costs.
31
Other proposed amendments are minor and technical legislative changes that will be
implemented following the enactment of the proposed Bill.
6
I N C O N F I D E N C E
I N C O N F I D E N C E
Cost-of-living Implications
32
By removing or simplifying carrying and display requirements that bring unnecessary
administration costs, these proposals will overtime reduce the cost of living as
changes flow through to more sustainable fees and charges for the services NZTA
administers. Other amendments designed to streamline legislation will also support
this outcome.
33
Other proposals in this paper do not have material cost-of-living implications.
Financial Implications
34
These proposals have no significant financial implications. However, there will be
costs associated with the implementation of digital driver licences, enabling electronic
issuing of regulatory notices and fees, and removing unnecessary display
requirements. I will return to Cabinet with service design and delivery options later
this year which will include estimated costs.
Legislative Implications
35
The proposals in this paper will require changes across primary and secondary
ACT 1982
legislation including: Land Transport Act 1998; Land Transport Management Act
2003; Civil Aviation Act 2023; Land Transport (Motor Vehicle Registration and
Licensing) Regulations 2011; Land Transport (Offences and Penalties) Regulations
1999; Railways Act 2005; Motor Vehicle Registration Regulations; and Infringement
and Reminder Notices and Regulations.
36
I intend for these proposals to be progressed through the Bill, which I anticipate
introducing to the House in June 2025 s 9(2)(f)(iv)
Impact Analysis
Regulatory Impact Statement
RELEASED UNDER THE
Proposals 1 to 3
37
The Ministry for Regulation has determined these proposals are exempt from the
ICIAL INFORMATIO
requirement to provide a Regulatory Impact Statement on the grounds they have no or
only minor impacts on businesses, individuals, and not-for-profit entities, or only
minor economic, social, or environmental impacts.
OFF
Proposal 4 [determination being sought]
Proposal 5
38
The Ministry of Transport have claimed an exemption under Cabinet Office circular
CO(24)7 for the proposal to authorise the Minister of Transport to update cross
references and address other digital matters in the Civil Aviation Act 2023 (Proposal
5) on the grounds it is for a matter suitable to be included in a Statutes Amendment
Bill (as provided for in Standing Orders).
7
I N C O N F I D E N C E
I N C O N F I D E N C E
Climate Implications of Policy Assessment
39
The Climate Implications of Policy Assessment (CIPA) team has been consulted and
confirms that CIPA requirements do not apply to the proposals as none are expected
to result in any significant, direct emissions impacts.
Privacy Impact Assessments
40
Privacy Impact Assessments are used to identify and assess the privacy risks arising
from the collection, use and handling of personal information. When implemented,
proposals to digitise licences and labels (Proposal 1 to 3) would change the means in
which information is collected, used and handled. Some evaluation of privacy risks
has already been conducted by NZTA.
Proposal 1 – Enabling the use of digital driver licences:
41
The privacy impact of decisions on the design and implementation of a digital driver
licence will need to be considered. There have been data breaches and other
cybersecurity risks in Australia associated with uptake of these licences that we can
learn from. There are also risks associated with handing over smartphones to a person
checking IDs. Officials will analyse and seek to mitigate or build safeguards against
ACT 1982
these risks as the product is designed and the secondary legislation developed. For
now I am seeking to make the primary legislation enabling of digital forms of driver
licences.
42
NZTA’s initial analysis finds potential risks regarding the accuracy and verification of
driver licence information and the appropriate safeguarding of this data. However,
NZTA has existing obligations under the Privacy Act 2020 to ensure customer data is
accurate and that there are safeguards in place to prevent unauthorised loss, misuse, or
disclosure of personal information. NZTA will align their work with the Digital
Identity Services Trust Framework (New Zealand’s legal framework including rules
and regulations for how digital identify services that are accredited should work,
protect information and privacy). It is partnering with experts to ensure international
standards are met as this technology is developed and implemented.
43
Initial evaluation also determines it to be preferable that NZTA do not use Unique
RELEASED UNDER THE
Identifiers for individuals given existing restrictions set out in the Privacy Act 2020.
NZTA is seeking technical advice on whether an alternative way of referencing users
can be developed.
ICIAL INFORMATIO
Proposal 2 – facilitating electronic issuing of regulatory notices and fees:
44
NZTA assessed the impact of this proposal as ‘medium’, as while there is some
OFF
personal information involved, any risks can be mitigated satisfactorily.
45
NZTA also assesses that the proposal will reduce risks as e-servicing will enable
emails and attachments to both be password-protected to enhance privacy. This has
fewer privacy risks than the current practice of posting such notices to physical
addresses, with no confirmation of receipt, and in envelopes that can be opened by
anyone.
Proposal 3 – removing unnecessary display requirements
8
I N C O N F I D E N C E
I N C O N F I D E N C E
46
NZTA assessed the impact of this proposal as ‘low’ as the use of personal information
is uncontroversial, and the risk of harm eventuating is negligible.
Population Implications
47
There are no population implications arising from these proposals.
Human Rights
48
Where proposals are enabling the use of technology, there will be an ongoing ability
to opt for the traditional route of being, for example, sent a notice via mail and
provide a physical copy of one’s driver’s licence. This recognises that while
technology can be enabling for many people and organisations, it can act as a barrier
for others.
Use of external Resources
49
No external resources were used in policy development of the proposals or drafting of
this paper.
Consultation
ACT 1982
50
The following agencies were consulted on the contents of this paper:
[PLACEHOLDER].
51
I do not propose to take further targeted or public consultation on the proposals
outlined in this paper. However, proposals outlined in Appendix Two underwent
public consultation between 1 June to 8 July 2022.
Communications
52
Once legislative drafting is complete, I will share my communications approach
including advising stakeholders of the Select Committee process to submit on the
contents of the Bill. The Minister of Transport intends to separately announce, in
conjunction with the Minister for Digitising Government, the decision to progress
changes to the Land Transport Act to enable a digital driver licence.
RELEASED UNDER THE
Proactive Release
53
This Cabinet paper and its corresponding minute will be proactively released within
ICIAL INFORMATIO
30 business days of final policy decisions being taken by Cabinet.
Recommendations
OFF
The Associate Minister of Transport recommends that the Committee:
1
note that amendments are required across transport legislation to support effective
regulatory stewardship and an efficient transport system.
2
note that I intend to progress these amendments through the Regulatory Systems
(Transport) Amendment Bill,s 9(2)(f)(iv)
9
I N C O N F I D E N C E
I N C O N F I D E N C E
s 9(2)(f)(iv)
3
agree to enable the use of digital driver licences.
4
agree to facilitate the electronic issuing of infringement and other regulatory notices
as an enforcement mechanism, including by requiring the provision of electronic
addresses to the NZTA if the recipient has one.
5
agree to enable digital in-vehicle labels and update the requirement to carry and
display physical labels where a digital alternative is available.
6
agree to remove the following three public transport principles in legislation:
6.1
well-used public transport services reduce the environmental and health
impacts of land transport, including by reducing reliance on single-occupant
vehicles and using zero-emission technology,
6.2
public transport services support a mode shift from private motor vehicle use
and equitable access to places, facilities, services, and social and economic
opportunities if they are co-ordinated, integrated, reliable, frequent, accessible,
ACT 1982
affordable, and safe,
6.3
fair and equitable employment or engagement of people in the public transport
workforce should ensure that there is a sufficiently robust labour market to
sustain and expand public transport services.
7
authorise the responsible Minister to issue drafting instructions to the Parliamentary
Counsel Office to update cross references and address other editorial matters in the
Civil Aviation Act 2023
8
invite the Minister and Associate Miniter of Transport to issue drafting instructions to
the Parliamentary Counsel Office to give effect to proposals in recommendations 2 to
5 (including for primary legislation and any associated regulations), including any
necessary consequential amendments, savings and transitional provisions.
RELEASED UNDER THE
9
authorise the Minister and Associate Minister of Transport to make policy decisions
that are consistent with the overall policy, provided that these decisions are confirmed
when the Bill is considered for introduction.
ICIAL INFORMATIO
Once the Minister has approved the draft Cabinet paper for lodgement for Cabinet or a
Cabinet committee, this section should be updated to state ‘Authorised for lodgement’.
OFF
Hon James Meager
Associate Minister of Transport
10
I N C O N F I D E N C E
I N C O N F I D E N C E
Appendix One: Summary of final policy proposals for Cabinet agreement
Proposal
Description
Relevant
Comment
legislation
Enabling digital Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption
driver licences
Land Transport Act 1998 to enable the use of digital driver licences. This 1998
(DDL)
includes amending the definition of a driver licence and sections that
This is an enabling
require a physical licence. This change supports the Digitising
provision. Implementation
Government approach that aims to promote a modern and efficient public
wil take time and have
service by providing people with a convenient alternative to carrying a
associated costs. There are
physical copy of their driver licence.
outstanding privacy
considerations that need to
ACT 1982be worked through.
Better enabling Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption
NZTA to email
Land Transport Act 1998 to facilitate the electronic issuing (e.g. emailing) 1998
regulatory
of infringement and other regulatory notices. This includes sections that
This is an enabling
notices and fees specify how regulatory notices are sent and making the provision of email
provision. Implementation
addresses to NZTA mandatory upon request (as is the case for postal
wil take time and have
addresses). This change also supports the Digitising Government
associated costs, although
approach that aims to promote a modern and efficient public service and
these costs wil , in part, be
reduce unnecessary administration cost.
balanced by administrative
savings in the long-term.
Enabling digital Proposal to make a series of legislative amendments that would remove Land Transport Act
RIS exemption
in-vehicle labels requirements to carry and display physical licences and labels. This is a
1998; Land
dated practice that does not align with the future direction of the transport Transport (Motor
This is an enabling
system and carries an unnecessary administration cost. This proposal
Vehicle Registration provision. Implementation
RELEASED UNDER THE
would include amendments to the Land Transport Act 1998, Land
and Licensing)
wil take time and have
Transport (Motor Vehicle Registration and Licensing) Regulations 2011,
Regulations 2011;
associated costs, although
and Land Transport (Of ences and Penalties) Regulations 1999 to
Land Transport
these costs wil , in part, be
provide flexibility by enabling digital in-vehicle labels to be displayed.
(Offences and
balanced by administrative
ICIAL INFORMATIO Penalties)
savings in the long-term.
Regulations 1999
OFF
11
I N C O N F I D E N C E
I N C O N F I D E N C E
Re-focusing our Proposal to amend the Land Transport Management Act’s (LTMA) public Land Transport
RIS TBD
public transport transport principles set out in Part 5, section 115 by removing three
Management Act
principles
principles that add cost and complexity for public transport decision-
2003
makers. Removing these principles wil help to improve alignment
between the remaining public transport principles with Government
priorities and the purpose of the LTMA, reduce compliance costs and
improve regulatory certainty for public transport decision makers.
Amending an
Proposal to authorise the Minister of Transport to update cross
Civil Aviation Act
RIS exemption
error in the Civil references and address other digital matters in the Civil Aviation Act
2023
Aviation Act
2023. This would enable two sets of consequential amendments:
2023
a) allowing Wellington and Auckland airports to use the powers
outlined under S230 of the Civil Aviation Act 2023 to set charges ACT 1982
(Associate
as intended.
Minister
The setting of charges is an important element of an airport’s
responsible)
operation. However, a numbering error made when enacting the
Civil Aviation Act 2023 has resulted in Wellington and Auckland
airports not being able to set charges for ‘identified aerodrome
activities provided, operated, or managed by the airport operator’,
and
b) clarify that costs can be recovered via levies unless those
same costs are otherwise collected or to be collected via the
Airports (Cost Recovery for Processing of International Travellers)
Act 2014. This would align the Civil Aviation Act with the Customs
and Excise Act 1996 and the Biosecurity Act 1993, which already
contain these clarifying statements. This amendment fil s an
unintended legislative gap that exists because the Civil Aviation
Act 1990 was not consequentially amended to include this
statement when the aviation security levies were later introduced
RELEASED UNDER THE
ICIAL INFORMATIO
OFF
12
I N C O N F I D E N C E
I N C O N F I D E N C E
Appendix Two: Summary of proposals agreed to by Cabinet in November 2022 (CAB-22-MIN-0177)
Land proposals
Proposal
Description
Relevant Legislation
Al ow the NZTA to
Proposal to amend the Government Roading Powers Act 1989 (GRPA).
Government Roading Powers Act
proactively close parts
This wil align NZTA’s powers with other Road Controlling Authorities.
1989
of the State Highway
network to address
safety concerns
Pedestrian access to
The GRPA restricts pedestrian access to motorways. This proposal wil
Government Roading Powers Act
approved areas within
update GRPA provisions to clarify that pedestrians may use approved
1989
motorway corridors
areas and infrastructure (e.g. bus stops).
ACT 1982
New offence and powers Drivers and owners of freight, vehicle recovery, and passenger service
Land Transport Act 1998
relating to Transport
vehicles are required to hold a TSL. The Land Transport Act 1998 (LTA)
Service Licences (TSL)
prohibits transferring, assigning, or leasing a TSL but there is no
corresponding offence. Propose to amend the LTA to: add an offence,
expand NZTA’s audit ability, extend power to suspend a TSL, and require
a fit/proper person check for a new person added to a TSL.
Simplify the Rule
This proposal wil remove duplicative consultation requirements in section Land Transport Act 1998
consultation process to 161(2)(c) of the LTA that are adequately covered in section 161(2)(b). The
remove duplication
Maritime Transport Act 1994 (MTA) and Land Transport Management Act
2003 (LTMA) wil be amended in the same way. This wil align transport
sector consultation practice with the Civil Aviation Act 2023.
Introducing emergency
Enable the Director of Land Transport to extend the term of any land
Land Transport Act 1998
powers for the Director
transport document when a state of national or local emergency has been
of Land Transport
declared, an Epidemic Notice is in force, or with the Minister of Transport’s
agreement. It wil also introduce new powers for the Director of Land
Transport to: require any vehicle, or class of vehicle, to present for
RELEASED UNDER THE
inspection by a specified date, and be able to revoke the Certificate/
Warrant of Fitness of a class of vehicles on the grounds of not meeting
safety requirements.
Increase the maximum
This proposal w
ICIAL INFORMATIO
il raise the maximum fees and fines that can be made
Land Transport Act 1998
level of fines and
through regulations under section 167 of the LTA. Maximum penalties for
infringement fees that
an individual wil vary from $2,000 to $3,000 for infringement fees, and
from $10,000 to $15,000 for fines before a court order. This would require
OFF
13
I N C O N F I D E N C E
I N C O N F I D E N C E
can be set through
public consultation on proposed amounts for specific offences. (This is a
regulations
separate initiative to the Fees and Penalties work)
Amend a drafting error
A drafting oversight in the LTMA means NZTA cannot legally declare a
Land Transport Management Act
to enable NZTA to
new road it has constructed as a state highway. Proposal to amend the
2003
declare a road as being
definition of road in the LTMA to correct this, and to ensure the validity of
a state highway
State highway declarations and any enforcement activities.
Clarify the criteria and
The E-Scooters (Declaration not to be motor vehicles) Notice 2018 led to
Land Transport Act 1998
consultation
complaints to the Regulations Review Commit ee about a lack of
requirements for when
transparency, and a lack of consultation by NZTA. Propose to amend the
NZTA can declare a
LTA to require that when NZTA declares a vehicle is not a motor vehicle,
vehicle to not be a motor they have regard to how the declaration wil contribute to a safe, inclusive
vehicle
and environmentally sustainable land transport system. The NZTA must
ACT 1982
also conduct an appropriate level of consultation prior to making a
declaration.
Introduce reactive
Proposal to introduce new powers for NZTA to freeze a scene to preserve Railways Act 2005
investigation powers
and collect evidence, access sites to investigate or carry out verification
under the Railways Act
inspections, request materials to be supplied for examination, interview
2005
personnel involved in a safety occurrence and require identified failings to
be remediated by the rail participant.
Al owing rail safety case Al rail licence holders are required to have a safety system with an
Land Transport Act 11998
applications to be
overarching safety case approved by NZTA. A 20-working day limit applies
paused
to applications for safety case approval. This proposal wil amend the LTA
to introduce a ‘stop-the-clock’ provision when NZTA requires further
information from an applicant, either for a new application or a variation to
a safety case.
Maritime Proposals
RELEASED UNDER THE
Proposal
Description
Relevant Legislation
Confer maritime safety
This proposal extends the functions, duties, responsibilities and powers of Maritime Transport Act 1994
powers on the Minister
a regional council relating to maritime safety under Part 3A the MTA to the
ICIAL INFORMATIO
of Conservation in the
Minister of Conservation. This wil allow the Minister of Conservation to
Subantarctic and
manage maritime safety at the Islands, with access to a system of powers
Kermadec Islands
in line with the rest of New Zealand.
OFF
14
I N C O N F I D E N C E
I N C O N F I D E N C E
Update the definition of Under the MTA, amendments to an international convention to which New Maritime Transport Act 1994
a ‘convention’ in the
Zealand is a party are not defined as part of the convention. This proposal
MTA
wil amend the definition of ‘convention’ to incorporate subsequent
amendments. This wil avoid multiple Orders in Council being required to
recognise that amendments have been made.
Clarifying the threshold Currently section 54A of the MTA requires the Director of Maritime New
Maritime Transport Act 1994
for starting an
Zealand (the Director) to have ‘reasonable grounds to believe’ non-
investigation of a
compliance with the requirements of a maritime document before initiating
maritime document
an investigation. ‘Belief’ implies a substantial level of evidence, which does
holder
not enable the Director to uncover covert breaches. This proposal wil
ACT 1982
amend the threshold to ‘reasonable grounds to suspect’.
Provide certainty that
This proposal wil establish that the Director can investigate a maritime
Maritime Transport Act 1994
breaches of maritime
document holder under section 54A where there are reasonable grounds
document holders’
to suspect a breach of their general duties under section 17 of the MTA.
duties are grounds for
an investigation
Addressing an
The MLC is an International Labour Organization treaty that sets out
Maritime Transport Act 1994
inconsistency with the
minimum standards to address the welfare and employment conditions of
Maritime Labour
seafarers. The MLC came into force in New Zealand in 2017.
Convention 2006 (MLC)
in respect to prohibiting The MLC allows charges for placing seafarers in employment provided
charges for placing
charges are not borne directly or indirectly by the seafarer. Section 27 of
seafarers in employment the MTA prohibits people providing seafarer recruitment and placement
services from charging for the service. This proposal wil align the MTA
with the MLC by removing the prohibition in section 27 of the MTA on
charging for seafarer recruitment and placement services.
RELEASED UNDER THE
Aligning seafarer
This proposal wil amend section 2 of the MTA to replace the definition of
Maritime Transport Act 1994
employment agreement ‘Articles of Agreement’ with the MLC definition of ‘seafarers’ employment
clauses with MLC
agreement’. ICIAL INFORMATIO
requirements
Align the MTA with the
Section 22(1)(d) of the MTA specifies that if requested by the seafarer, an Maritime Transport Act 1994
MLC requirement that a employer on a New Zealand ship on an overseas voyage must provide a
seafarer’s record of
OFF
15
I N C O N F I D E N C E
I N C O N F I D E N C E
employment need not
certificate as to the quality of the seafarer’s work. This proposal wil repeal
include any statement
section 22(1)(d).
as to the quality of their
work
Aligning with the MLC
Section 26(3) of the MTA states that an employer may employ two persons Maritime Transport Act 1994
requirement to prohibit
under the age of 18 to take the place of a single trimmer or stoker, if
people younger than 16 reasonable steps have been taken to find someone 18 or over. Section
years old from working
26(4) allows the Director of Maritime NZ to approve the employment of a
on a ship and people
school-aged person to carry out work on a training ship. These two
under 18 from
provisions wil be removed.
undertaking hazardous
work
ACT 1982
Revising and
The MLC places a number of obligations on ‘shipowners’. The MTA does
Maritime Transport Act 1994
reorganising Part 3 of
not use this term and refers to ‘employers’. This proposal wil insert a
the MTA to align it with
definition of ‘shipowner’ into the MTA. Al references to ‘employers’ in Part
the MLC
3 of the MTA wil be changed to ‘shipowner’. Other changes to Part 3 to
reflect MLC obligations include shifting the duty to provide food and
drinking water from the employer to the shipowner; introducing a
requirement for documentary evidence of financial security for the
purposes of repatriation of seafarers to be set by maritime rules; and
prohibiting advanced payments to cover costs of repatriation of a seafarer.
Clarifying rule-making
This proposal wil amend the MTA to clarify that the scope of its rule-
Maritime Transport Act 1994
and compliance powers making powers extends to minimum requirements for seafarers to work on
to support the
a ship; conditions of employment on a ship; repatriation of seafarers; and
implementation of MLC
the liability of shipowners to assist seafarers in the event of abandonment.
requirements
Amending the definition In section 2 of the MTA, the term ‘unit of account’ is used to represent an
Maritime Transport Act 1994
of unit of account
internationally defined value that can be used to calculate the limit of
RELEASED UNDER THE
liability or recompense for damage or loss. Currently, section 2 of the MTA
defines unit of account only with reference to Part 7 of the Act, when Parts
16, 25 and 26 are also relevant. This proposal seeks to make the definition
of, and calculations for, ‘units of account’ in the four parts of the MTA
ICIAL INFORMATIO
consistent.
Bring floating
An FPSO is a vessel used in the offshore oil and gas industry for the
Maritime Transport Act 1994
production and storage production, processing and storage of oil. This proposal seeks to ensure
OFF
16
I N C O N F I D E N C E
I N C O N F I D E N C E
and offloading units
FPSOs contribute to the maritime regulatory system when they enter New
(FPSOs) within the
Zealand’s territorial waters (there are currently no FPSOs in New
maritime levy
Zealand’s territorial waters).
Update the maximum
This proposal is to increase the maximum fines and infringement fees with Maritime Transport Act 1994
level of fines and
respect to Maritime Rules or navigation bylaws, and breaches of the
infringement fees that
marine protection rules. The new maximum penalties for individuals wil be
can be set through
$3000 for infringements and $15,000 for fines.
regulations in the MTA
Modernise the penalties This proposal would align the maximum financial penalties for MTA safety Maritime Transport Act 1994
for the safety offences in offences with the Health and Safety at Work Act 2015. This would enable
the MTA
foreign flagged and New Zealand ships and crew to be treated equally.
Amend the Maritime
This proposal is to update the maximum fines and fees in the Maritime
Maritime (Offences) Regulations
ACT 1982
(Offences) Regulations
Regulations and the Marine Regulations for the first time since 1998, to
1998;
1998 (Maritime
add penalties where none currently exist, and to tidy up inconsistencies
Marine Protection (Offences)
Regulations) and the
created by changes to the Maritime Rules over time.
Regulations 1998
Marine Protection
(Offences) Regulations
1998 (Marine
Regulations)
Proposals agreed in 2022 that wil no longer be progressed
Proposal
Description
Relevant Legislation
Remove Road
The LTA requires that fees charged by RCAs for reserved residential
Land Transport Act 1998
Controlling Authorities’ parking cannot exceed the reasonable cost of the service involved in
(RCAs) restrictions on
granting the permit. This proposal wil amend the current restriction to
cost recovery charging
require that the cost of residential parking be limited to a ‘reasonable’
RELEASED UNDER THE
for residential parking
amount.
Include Waka Kotahi in
This proposal wil replace ‘New Zealand Transport Agency’ in legislation
Across legislation
NZTA’s name in
with ‘Waka Kotahi New Zealand Transport Agency’
ICIAL INFORMATIO
legislation
OFF
17
I N C O N F I D E N C E
Attachment 2
RSTA - Supplementary text to support cover note for Associate Minister Meager:
• Minister Bishop has agreed that you will lead the Regulatory Systems (Transport) Amendment
Bill (the Bill) but wil remain involved in policy decisions that he is responsible for.
• The change in responsibility has delayed ministerial and departmental consultation on the
draft Cabinet paper (attached) which seeks Cabinet agreement to final policy decisions to
progress through the Bil . Officials are seeking your agreement to release this for consultation
as soon as possible,s 9(2)(f)(iv)
• You and the Minister of Transport have agreed that the Bil will progress a range of legislative
changes to enable a more efficient and effective transport system. This includes:
o Changes agreed by Minister Bishop and for which you are seeking Cabinet’s
endorsement (see attached)
o Decisions made by Cabinet to amend the Clean Vehicle Standard and enable councils
to set the rate of parking frees below a maximum cap (CAB-24-MIN-0248)
ACT 1982
o A number of minor and technical improvements across maritime and aviation
legislation that were developed under the last Government and endorsed by you
(refer OC250101)
o A number of minor and technical fixes across land transport legislation that were
developed under the last Government and endorsed by Minister Brown.
• Key things to note:
o Proposals that are progressed through bil s of this nature require cross-party support
from the Business Committee. The Minister of Transport agreed to continue
progressing the Bil as any which prove contentious can be split out into separate bil s
later.
o Minister Bishop is actively considering whether to progress Proposal 4 –
removing
public transport principles, as part of the Bill. However, he has agreed that consultation
can commence without delay. In the event he decides not to progress this proposal,
RELEASED UNDER THE
officials will inform you and remove reference to it prior to lodgement.
o The first three proposals would amend legislation to enable digital licences and labels.
However, implementation will take time. A key part of design is the need to ensure
ICIAL INFORMATIO
there are not any unintended privacy risks before implementation. The Minister of
Transport wil return to Cabinet later this year with more detail on service design and
delivery options, timeframes and associated costs.
OFF
• Please indicate any changes you request and if you agree for this to be circulated for
departmental and ministerial consultation. Alternatively, you could discuss this with officials
at your weekly meeting on Wednesday 5 March, if preferred.

Document 4
Neha Pawar
From:
Bonnie Hayvice
Sent:
Tuesday, 18 March 2025 4:55 pm
To:
Gary Tonkin (Parliament); Ministers Office
Cc:
Katrina Quickenden; Jacob Ennis; Declan Lynch; Chris Nees; Paul O'Connell; Brent
Johnston
Subject:
ATTN Gary: OC250209 Updated Regulatory Systems (Transport) Amendment Bill
Cabinet paper
Attachments:
OC250209 Updated Cabinet paper Regulatory Systems (Transport) Amendment Bill
- Briefing - Policy.pdf; OC241457 Cabinet paper - Regulatory Systems (Transport)
Amendment Bill final - clean.docx; OC241457 Cabinet paper - Regulatory Systems
(Transport) Amendment Bill final draft tracked.docx
Categories:
Briefings to MO
Hi Gary,
Following the close of departmental and ministerial consultation on the RSTA Cabinet paper, please
find attached:
Cover briefing: OC250209 Updated Cabinet paper Regulatory Systems (Transport)
ACT 1982
Amendment Bill
Updated Cabinet paper (draft tracked change version for ease of reference): OC241457
Regulatory Systems (Transport) Amendment Bill – Strengthening the e iciency of the transport
system
Updated Cabinet paper (clean version for Ministers authorisation and lodgement):
OC241457 Regulatory Systems (Transport) Amendment Bill – Strengthening the e iciency of
the transport system
We recommend the paper is lodged before 10am Thursday 20 March and as such, there is a quick
turn-around for decision.
Any questions happy to discuss.
Cheers
RELEASED UNDER THE
Bonnie
Bonnie Hayvice (she/her) ICIAL INFORMATIO
Kaitohutohu Matua I Senior Policy Advisor – Regulatory Reform
Te Manatū Waka Ministry of Transport
M: s 9(2)(a)
| E: [email address] | transport.govt.nz
OFF
1

IN CONFIDENCE
Attachment 1
18 March 2025
OC250209
Hon James Meager
Action required by:
Associate Minister of Transport
Thursday, 20 March 2025
UPDATED CABINET PAPER: REGULATORY SYSTEMS (TRANSPORT)
AMENDMENT BILL
Purpose
Seek your approval to lodge an updated Cabinet paper on 20 March for consideration at ECO on 26
March that reflects departmental and ministerial feedback.
ACT 1982
Key points
•
Annex One provides an updated draft Cabinet paper:
Regulatory Systems (Transport)
Amendment Bill – strengthening the efficiency of the transport system.
•
In addition to minor editorial corrections, changes reflect:
o
Minor changes in response to departmental and ministerial consultation. Key
feedback is summarised below (refer to paragraph 4), and
o
An amendment to
Proposal 5 – Amending errors in the Civil Aviation Act 2023: we
recommend you broaden the proposal to seek approval from Cabinet to correct
drafting errors across transport legislation.
RELEASED UNDER THE
•
The Ministry for Regulation (MfR) advises against including proposals that may not achieve
broad support in bills of this nature (as cross-party support from the Business Committee is
required to progress). We expect the proposal to refocus public transport principles will be
ICIAL INFORMATIO
contentious, in part because changes have not been discussed with Public Transport
Authorities and public transport operators. We recommend proceeding with the approach as
previously agreed by Minister Bishop: to seek policy decisions on this issue and remove it
OFF
from the Bill at a later stage, if required.
•
We have not provided a Regulatory Impact Statement (RIS) for the proposal to refocus public
transport principles as there has been insufficient time to adequately test the proposal and
assess the impacts. We have agreed with MfR that a post implementation review will be
undertaken and provided to Cabinet in due course. We will discuss and agree on the
appropriate scope and timing of this assessment. Minister Bishop’s office is aware of this
approach.
IN CONFIDENCE
Page
1 of
4

IN CONFIDENCE
•
Subject to any further changes you indicate, recommend you lodge the updated paper
before 10am on 20 March, for consideration at ECO on 26 March. We intend to provide you
with draft legislation to consider in late May.
•
Subject to and following Cabinet agreement, the Ministers of Transport and Digitising
Government intend to announce that the Government is changing primary legislation to
enable digital driver licences.
Recommendations
We recommend you:
1
note the proposal to refocus public transport principles will likely be contentious and we
have agreed with the Ministry for Regulation that a post-implementation review will be
undertaken and provided to Cabinet in due course
2
agree to broaden the proposal to amend errors in the Civil Aviation Act 2023 to allow for
Yes / No
errors to be amended across transport legislation
ACT 1982
3
lodge the attached Cabinet paper on 20 March for consideration at ECO on 26 March
Yes / No
Paul O’Connell
Hon James Meager
Deputy Chief Executive – Sector Strategy
Associate Minister of Transport
18 / 03 / 2025
..... / ...... / ......
Minister’s office to complete:
Approved
Declined
Seen by Minister
Not seen by Minister
RELEASED UNDER THE
Overtaken by events
ICIAL INFORMATIO
Comments
OFF
Contacts
Name
Telephone
First contact
Bonnie Hayvice, Senior Policy Advisor – Regulatory Reform
s 9(2)(a)
Katrina Quickenden, Manager – Regulatory Reform
IN CONFIDENCE
Page
2 of
4
link to page 66 link to page 66
IN CONFIDENCE
UPDATED CABINET PAPER: REGULATORY SYSTEMS (TRANSPORT)
AMENDMENT BILL
1
You are leading the Regulatory Systems (Transport) Amendment Bill (the Bill) which will
adjust multiple pieces of transport legislation to reduce regulatory complexity and improve
system efficiencies.
2
We have completed departmental and Ministerial consultation on the draft Cabinet paper.
There is general support for the proposals, with questions focussed on implementation
3
There was general comfort with the proposals, with the Department of Internal Affairs (DIA)
and the Minister for Digitising Government reinforcing their support of the proposal to
enable the use of a digital driver lic
ence.1
1982
4
Feedback from departments was received on three key areas, summarised below. Only
minor changes to the paper have been made in response. This is because issues raised will be
considered and addressed as part of service design and delivery, which the Minister of
Transport intends to take to Cabinet later this year. Agencies indicated their comfort with
ACT
this approach.
•
Implementation and operational queries: The Office of the Privacy Commissioner,
Police and Treasury sought clarification on how digital licences and labels would work
in practice. This includes the handling of future costs and privacy risks associated
with, for example, the mandated collection of email addresses such as the potential
to expose New Zealanders to cybersecurity risks.
•
Risk of digital exclusion: DIA and Police noted proposals to digitise license and labels
may risk entrenching the impacts of digital exclusion for groups who have less
knowledge of or access to digital solutions (e.g. older people or rural communities).
The Ministry of Primary Industries did not identify any concerns given the proposals
are to enable new forms of licences and labels. The option for paper copies remains
INFORMATION
and implementation will consider the risk of digital exclusion.
RELEASED UNDER THE
•
Appropriateness of the proposal to re-focus public transport principles in this type
of bill: MfR advised against including proposals that may not achieve broad support
in bills of this nature (as cross-party support from the Business Committee is required
to progress). Minister Bishop has previously agreed to seek policy decisions on this
issue and remove it from the Bill at a later stage, if necessary. We consider this is
likely, particularly as these changes have not been discussed with Public Transport
OFFICIAL
Authorities and public transport operato
rs.2
5
We have not provided a RIS for the proposal to refocus public transport principles as there
has been insufficient time to adequately test the proposal and assess the impacts. CO (24) 7
requires a RIS be provided when seeking policy approval from Cabinet. We have agreed with
1 No other feedback was provided via ministerial consultation.
2 Relevant unions were consulted during the addition of the labour market principles, and although the
principles are unlikely to directly correspond with worker wages and conditions, there is likely to be concern
about the proposed change.
IN CONFIDENCE
Page
3 of
4
IN CONFIDENCE
MfR that a post implementation review will be undertaken and provided to Cabinet in due
course. We have notified Minister Bishop’s office of this approach.
We seek your agreement to authorise correction of errors across transport legislation
6
You agreed to seek authorisation to update cross references and address other drafting
matters in the Civil Aviation Act 2023 (refer OC250101).
This proposal would enable two sets
of consequential amendments resulting from errors in the drafting process.
7
Since then, we found a further error in the Transport Accident Investigation Commission Act
1990. Section 13 inconsistently refers to ‘accident’ and ‘accident and incident’. We seek your
agreement to broaden the scope of this proposal to allow the amendment of any additional
errors across transport legislation that are identified during the drafting process. We would
advise you of any further matters for inclusion within this proposal as they arise, or when we
provide you with draft legislation in late May.
1982
Timeframes to enactment are tight
8
s 9(2)(f)(iv)
Subject to any further changes you
ACT
indicate, we recommend you lodge the draft Cabinet on Thursday 20 March, to allow for
consideration at ECO on 26 March. This approach provides PCO the most time possible to
prepare the draft legislation.
9
Following lodgement, we will provide you with talking points and supplementary Q&A to
support you at ECO. Subject to Cabinet agreement, we understand a press release from the
Ministers of Transport and Digitising Government will announce that the Government is
progressing legislative change to enable digital driver licences.
Table 1. Proposed timeline for the Regulatory Systems (Transport) Amendment Bill
Milestone/Activity
Due/Timeframe
INFORMATION
Drafting instructions issued to PCO
31 March
RELEASED UNDER THE
Advice to you on draft legislation
May
Cabinet considers draft legislation
June
Business Committee considers the Bill
June
Introduction of the Bill
June
OFFICIAL
Select Committee
July-October
s 9(2)(f)(iv)
IN CONFIDENCE
Page
4 of
4
Attachment 2
I N C O N F I D E N C E
In-confidence
Office of the Associate Minister of Transport
Cabinet Economic Policy Committee
Regulatory Systems (Transport) Amendment Bil – strengthening
the efficiency of the transport system
Proposal
1
I seek Cabinet agreement to proposals to progress through the Regulatory Systems
1982
(Transport) Amendment Bill (the Bill) to enable a more effective and efficient
transport system.
Relation to government priorities
2
The proposals will deliver on commitments made in the Government Policy
ACT
Statement on Land Transport as well as support other Government priorities
including: to improve the quality and performance of regulatory systems; the digital
modernisation of services; and to reduce unnecessary government spending.
Executive Summary
3
Our transport system is managed by a significant legislative framework. Duplications,
gaps, errors and inconsistencies across legislation creates an unnecessarily complex
system for users to engage with and for government to administer. This generates time
and costs that hold us back from meeting our transport objectives.
4
The Minister of Transport and I have identified a number of legislative solutions that
would improve the effectiveness and efficiency of the transport system by:
4.1
modernising legislation to enable convenient digital service alternatives to
physical licences and labels, and
4.2
streamlining and clarifying provisions to reduce complexity and ensure
INFORMATION
legislation functions as intended.
RELEASED UNDER THE
5
I seek approval to issue drafting instructions to the Parliamentary Counsel Office
(PCO) for the following proposals:
5.1
Proposal 1 – enableing digital driver licences as a convenient alternative to
physical documents and to promote a modern and efficient transport system,
5.2
Proposal 2 – enableing electronic issuing of regulatory notices and fees to
streamline services to that will deliver system efficiencies and ignificant
customer benefits,
OFFICIAL
5.3
Proposal 3 - removeing unnecessary display requirements to update
outdated processes and that will reduce administrative costs,
1
I N C O N F I D E N C E
I N C O N F I D E N C E
5.4
Proposal 4 – re-focusing our public transport principles to reduce cost and
complexity for public transport decision-makers, and
5.5
Proposal 5 – amending drafting errors across transport legislation
including the
Civil Aviation Act 2023 (CAA 2023)
to empower airports to
Formatted: Font: Not Bold
set charges and cost-recover fees, and the Transport Accident Investigation
Commission Act 1990 (TAIC 1990),
in line with the original intent of the
Formatted: Font: Not Bold
legislation..correct inconsistencies in wording
6
I intend to progress these proposals through the Regulatory Systems (Transport)
Amendment Bill (the Bill)s 9(2)(f)(iv)
To advance these changes as a single bill requires cross-party support
1982
from the Business Committee. If any of these proposals prove contentious, I intend to
split them into separate bills.
7
Through the Bill, I also intend to progress:
ACT
7.1
a number a minor and technical fixes, developed by the Ministry of Transport
under the previous Government, across land transport, maritime and aviation
legislation that the Ministry of Transport developed under the previous
Government (Appendix Two), and
7.2
decisions already made by Cabinet to both enable councils to set parking fees
below a maximum cap (CAB-24-MIN-0220) and enable adjustments to the
Clean Vehicle Standard to save motoring costs for New Zealanders (CAB-24-
MIN-0248).
8
To advance these changes as a single bill requires cross-party support from the
Business Committee. While I generally consider these amendments to be either
technical or non-contentious, if any of these proposals prove otherwise, I intend to
split them into separate bills.
98
Subject to Cabinet agreement, I will return in June 2025 with draft legislation for
these proposals. The need for amendments to enable the changes to the Clean Vehicle
Standard drive the Bill’s timeline, as they need to be in force by the end of the year to
INFORMATION
deliver as we have committed. It is also important that we amend the numbering error
in the Civil Aviationction Act 2023 (that comes into force on 5 April 2025) as soon as
possible to ensure airport operators can carry out important operational functions.
RELEASED UNDER THE
109 While I intend for legislative changes to be enacted this year, the digitisation of
licences and labels will take time to implement and for public to select thisopt in to
alternatives. The New Zealand Transport Agency (NZTA) iswill participating e in a
co-design digital driver licence solution with Austroads. Following this, tThe Minister
of Transport can provide Cabinet with indicative implementation timeframes and
costs, including any privacy risks that require addressing through the design of
services.s and/or secondary legislation.
OFFICIAL
Background
An effective and efficient transport system requires a strong regulatory framework
2
I N C O N F I D E N C E
I N C O N F I D E N C E
11
Our transport system connects us all. When it works well, it enables New Zealanders
to safely and simply access the services they need to get places and run their
businesses. Ensuring our transport system’s efficient and effective operation is
therefore key to New Zealand’s economic prosperity and wellbeing.
1210 A significant legislative framework underpins the transport sector: 26 transport-
related Acts and 268 sets of rules and regulations s, 15 Regulations, and 151 Rules
across land, aviation and maritime. Regularly maintaining and improving this
framework is fundamental to maintaining its effectiveness and efficiency and
reducinge the chance of regulatory failure.
13
This Government understands the importance of reducing regulatory complexity and
improving the quality and performance of regulatory systems. To support us to
1982
achieve this , the Minister of Transport intends to modernise a wide set of transport
rules and will update Cabinet throughout the year as this work progresses. I also
consider there to be a suite of amendments to legislation that are long overdue. I am
seeking Cabinet’s agreement to a number of these proposals that if progressed, would
modernise legislation and generate greater system efficiencies. Proposals will achieve
ACT
this by:
13.1 modernising legislation to enable convenient digital service alternatives to physical
Formatted
licences and labels, and
13.211 streamlining and clarifying provisions to reduce complexity and ensure legislation
functions as intended.
Proposals
Our transport legislation needs modernising to keep up with developing technologies
1412 Currently, New Zealanders rely on physical licences and paper-based labels to engage
within the transport system and access NZTA services. Associated
requirementsHaving to hold and display these can be unnecessarily costly and
onerous for both users and administrators of the transport services alike.
1513 I am proposing a suite of amendments, agreed to by the Minister of Transport, that
would enable the digitisation of key transport documentation. By enabling convenient
INFORMATION
alternatives that enhance efficiency, this supports the Government’s digital
modernisation goals that aims to promote a modern and efficient public service.
RELEASED UNDER THE
1614 I am seeking Cabinet agreement to:
16.114.1
Proposal 1 – enableing digital driver licences: make a series of
legislative amendments including to the Land Transport Act 1998 (LTA 1998)
to enable the use of digital driver licences. This would include the definition of
a driver licence and amending sections that require a physical licence.
16.214.2
Proposal 2 – enableing electronic issuing of regulatory notices and
fees: make a series of legislative amendments, including to the Land Transport
OFFICIAL
ActLTA 1998 to facilitate the electronic issuing (e.g. emailing) of
infringement and other regulatory notices including making the provision of
3
I N C O N F I D E N C E
link to page 71 link to page 71 link to page 71
I N C O N F I D E N C E
email addresses to NZTA mandatory upon request (as is the case for postal
addresses), and
16.314.3
Proposal 3 - removeing unnecessary display requirements: make a
series of legislative and regulatory amendments that would update
requirements to carry and display physical licences and labels such as a
Warrant of Fitness (WoF), Certificate of Fitness (CoF) and alternative fuel
inspection certificates where digital alternatives are available. Physical display
is a dated practice that does not align with the future direction of the transport
system and carries an unnecessary administration cost. This proposal would
include amendments to the Land Transport ActLTA 1998; Land Transport
(Motor Vehicle Registration and Licensing) Regulations 2011; and Land
Transport (Offences and Penalties) Regulations 1999.
1
1982
1715 While these proposals would make the necessary primary legislativeon changes to
enable digital licences and labels in the future, digitisation of physical licences and
labels will take time to implement and for the public to opt in to this alternativein. A
key part of design is the need to ensure there are no ot any unintended privacy
ACT
implications before implementation.
2
18
For Proposal 1, NZTA will participate in a co-design digital driver licence solution
with Austroads.
3 Following this, the Minister of Transport can provide Cabinet with
indicative implementation timeframes and costs, including any privacy risks that
require addressing through the design of services and/or secondary legislation. For
Proposals 2 and 3, the Minister of Transport will return to Cabinet later this year with
more detail on service design and delivery options, timeframes and associated costs.
16
Other amendments to streamline and clarify legislation will save time and costs
Formatted: Font: Not Italic
1917 The government’s overarching public transport objectives are incorporated into
Formatted: Font:
legislation through principles set out in Part 5 of the Land Transport Management Act
(LTMA) 2003, which regulates public transport. Those that exercise powers and/or
INFORMATION
perform function under Part 5 (such as NZTA and other transport authorities and
operators) must be guided by these principles.
RELEASED UNDER THE
2018 The principles cover a wide range of competing objectives that can add regulatory
complexity for public transport decisions makers. To reduce compliance costs and
improve regulatory certainty for public transport decision makers, I am seeking
Cabinet agreement to progress the Minister of Transport’s proposaldecision to:
1 Changes required to enable digital Road User Charges (RUC) licences will be progressed separately, as will
other secondary or delegated legislative and rule changes required.
2 NZTA will align their work with the Digital Identity Services Trust Framework (New Zealand’s legal
framework including rules and regulations for how digital identify services that are accredited should work,
OFFICIAL
protect information and privacy).
Formatted: English (United Kingdom)
3 Austroads is the association of the Australian and New Zealand transport agencies, representing all levels of
government. Austroads is a not-for-profit, nonpartisan organisation and isare funded by Australian and New
Zealand government transport agencies.
4
I N C O N F I D E N C E
link to page 72
I N C O N F I D E N C E
20.118.1
Proposal 4 – re-focusing our public transport principles: remove
the following public transport principles from section 115 of the
LTMAlegislation:
20.1.118.1.1 (1)(a) - well-used public transport services reduce the
environmental and health impacts of land transport, including by
reducing reliance on single-occupant vehicles and using zero-
emission technology,
20.1.218.1.2 (1)(b) - public transport services support a mode shift from
private motor vehicle use and equitable access to places, facilities,
services, and social and economic opportunities if they are co-
ordinated, integrated, reliable, frequent, accessible, affordable, and
1982
safe,; and
20.1.318.1.3 (1)(c) - fair and equitable employment or engagement of people
in the public transport workforce should ensure that there is a
sufficiently robust labour market to sustain and expand public
ACT
transport services.
19
This proposal may be contentious, particularly as it has not yet been discussed with
Public Transport Authorities and public transport operators.
4 However, rRemoving
these will result in a more cohesive set of public transport principles that are in closer
alignment with the Minister of Transport’smy transport priorities and the purpose of
the LTMA. In the absence of these principles, non-regulatory mechanisms, such as
procurement guidance and letters of expectation, will continue to play an important
role in supporting the sector to deliver efficient and effective public transport services.
21
Formatted: Font: Aptos
2220 In addition, I am seeking Cabinet agreement to:
22.120.1
Proposal 5 – amending errors across transport legislationin the
Civil Aviation Act 2023: authorise the Minister of Transport to update cross
references and address other draftingigital matters across transport legislation,
including the CAAivil Aviation Act 2023 and the TAIC 1990.
INFORMATION
21
This proposal would enable two sets of consequential amendments to the CAA 2023
resulting from errors in the drafting process, including:
RELEASED UNDER THE
23
amendments relating to including the following.
Formatted
21.1 The first relates tot t The setting of charges, which is an important element of
an airport’s operation. However, a numbering error made when enacting the
CAAivil Aviation Act 2023 (that comes into force 5 April 2025) has resulted
in Wellington and Auckland airports not being able to set charges for
“identified aerodrome activities provided, operated, or managed by the airport
OFFICIAL
4 Relevant unions were consulted during the addition of the labour market principles, and although the principles
are unlikely to directly correspond with worker wages and conditions, there is likely to be concern about the
proposed change.
5
I N C O N F I D E N C E
link to page 73
I N C O N F I D E N C E
operator”.
5 This proposal would enable consequential amendments allowing
Wellington and Auckland airports to use the powers outlined in s230 of the
CAAivil Aviation Act 2023 to set charges, as originally intended, and
24
.
Formatted
21.2 The second proposal is for a minor technical amendment to clarify that costs
can be recovered via levies unless those same costs are otherwise collected or
to be collected via the Airports (Cost Recovery for Processing of International
Travellers) Act 2014. This would align the Civil Aviation ActCAA 2023 with
the Customs and Excise Act 1996 and the Biosecurity Act 1993, which
already contain these clarifying statements. This amendment fills an
unintended legislative gap that exists because the Civil Aviation Act 1990 was
1982
not consequentially amended to include this statement when the aviation
security levies were later introduced.
Formatted: Font: Aptos
2522 This proposal would also enable a minor amendment to the TAIC 1990 to correct
inconsistencies in wording, in line with the original intent of the legislation. I intend
ACT
for this proposal to allow the amendment of any additional errors across transport
legislation that are identified during the drafting process. I will confirm these with
Cabinet when I return with draft legislation. consistently reference both ‘accident’ and
‘incident’ so that both can be investigated. Currently legislation refers to this
inconsistently.
Next steps
I intend to introduce an omnibus Bill to progress the range of regulatory fixes across the
transport system
2623 I intend to progress a Regulatory Systems (Transport) Amendment Bill (the Bill) that
will provide the necessary legislative vehicle to progress these proposals. I also intend
for the following to be advanced through this Bill:
26.123.1
decisions already made by this Government in June 2024, to enable
councils to set parking fees below a maximum cap (CAB-24-MIN-0220) and
in July 2024 to change the Clean Vehicle Standard to enable greater flexibility
INFORMATION
and reduce compliance costs (CAB-24-MIN-0248); and
26.223.2
a number of minor and technical amendments to legislation that were
RELEASED UNDER THE
developed by the Ministry of Transport under the previous Government
(CAB-22-MIN-0177). A full list of amendments previously agreed is outlined
in Appendix Two.
2724 I expect to return to Cabinet in June with draft legislation. Subject to Cabinet
agreement, I anticipate introducing this Bill to the House in June 2025 to beand
passed s 9(2)(f)(iv)
OFFICIAL
Milestone/Activity
Timeframe
Formatted: Font: (Default) Times New Roman
5 S230, Civil Aviation Act 20203
6
I N C O N F I D E N C E
I N C O N F I D E N C E
Cabinet considers draft legislation
June 2025
Formatted: Font: (Default) Times New Roman
Business Committee considers the Bill
June 2025
Formatted: Font: (Default) Times New Roman
Introduction of the Bill
June 2025
Formatted: Font: (Default) Times New Roman
Select Committee
July – October 2025
Formatted: Font: (Default) Times New Roman
s 9(2)(f)(iv)
Formatted: Font: (Default) Times New Roman
2825 The need for amendments to enable the changes to the Clean Vehicle Standard drive
the Bill’s timeline, as they need to be in force by the end of the year to deliver as we
1982
have committed. It is also important we amend the numbering error in the Civil
Aviationction Act 2023 as soon as possible to ensure airport operators can carry out
important operational functions.
Implementation
ACT
2926 Legislative amendments to enable digital licences and labels alongside physical
licences (Proposal 1 to 3) will be implemented at a later date. This provides an
opportunity for the NZTA to design and develop new services, including investigating
funding options, ensuringensure privacy risks are managed prior to implementation,
and that new digital channels are attractive to use to encourage customers to select to
transact digitally. Some new services will require substantial implementation
programmes and associated funding decisions.
3027 NZTA and the Department of Internal Affairs are working to develop and implement
the digital identitydriver licence platform. NZTA iswill participatinge in a co-design
digital driver licence solution with Austroads. Following this, the Minister of
Transport will provide Cabinet with indicative implementation timeframes and costs.,
including any privacy risks that require addressing through the design of services
and/or secondary legislation. For proposed changes to other labels and licences, the
Minister of Transport will return to Cabinet this year with more detail on service
design and delivery options, timeframes and associated costs.
INFORMATION
3128 Other proposed amendments are minor and technical legislative changes that will be
implemented following the enactment of the proposed Bill.
RELEASED UNDER THE
Cost-of-living Implications
3229 By removing or simplifying carrying and display requirements that bring unnecessary
administration costs, these proposals will over time reduce the cost of living as
changes flow through to more sustainable fees and charges for for the services NZTA
servicesadministers. Other amendments designed to streamline legislation will also
support this outcome.
3330 Other proposals in this paper do not have material cost-of-living implications.
OFFICIAL
7
I N C O N F I D E N C E
I N C O N F I D E N C E
Financial Implications
3431 These proposals have no significant financial implications. However, there will be
costs associated with the implementation of digital driver licences, enabling electronic
issuing of regulatory notices and fees, and removing unnecessary display
requirements. I will return to Cabinet with service design and delivery options later
this year which will include Eestimated costs will be provided to Cabinet when it
considers service design and delivery options later this year.
Legislative Implications
3532 The proposals in this paper will require changes across primary and secondary
legislation including: Land Transport Act 1998; Land Transport Management Act
1982
2003; Civil Aviation Act 2023; Land Transport (Motor Vehicle Registration and
Licensing) Regulations 2011; Land Transport (Offences and Penalties) Regulations
1999; Railways Act 2005; Motor Vehicle Registration Regulations; and Infringement
and Reminder Notices and Regulations; and the Transport Accident Investigation
Commission Act 1990.
ACT
3633 I intend for these proposals to be progressed through the Bill, which I anticipate
introducing to the House in June 2025 s 9(2)(f)(iv)
Impact Analysis
Regulatory Impact Statement
Proposals 1 to 3
Formatted: Not Highlight
3734 The Ministry for Regulation (MfR) has determined these proposals are exempt from
the requirement to provide a Regulatory Impact Statement on the grounds they have
Formatted: Font: Not Italic, Font color: Auto
no or only minor impacts on businesses, individuals, and not-for-profit entities, or
Formatted: CabStandard
only minor economic, social, or environmental impacts.
Formatted: Font: Not Italic, Font color: Auto
Formatted: Font color: Auto
INFORMATION
Proposal 4 [determination being sought]
Formatted: Font: (Default) Times New Roman, Not
35
Cabinet’s impact analysis requirements apply to this proposal, but there is no
Italic, Font color: Auto
RELEASED UNDER THE
accompanying Regulatory Impact Statement, and the MfR has not exempted the
Formatted: Font: Not Italic, Font color: Auto
proposal from the impact analysis requirements.
Formatted: Font: Not Italic, Font color: Auto, English
(New Zealand)
36
Consistent with Cabinet’s impact analysis requirements, a post-implementation
Formatted: Font: Not Italic, Font color: Auto, English
review will be undertaken and provided to Cabinet in due course. The MfR and the
(New Zealand)
Ministry for Transport will discuss and agree on the appropriate scope and timing of
this assessment.
Formatted: English (New Zealand), Not Highlight
Formatted: Font: Not Italic, English (United Kingdom),
Highlight
OFFICIAL
Formatted: Outline numbered + Level: 1 + Numbering
Proposal 5
Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned
at: 0 cm + Tab after: 1.27 cm + Indent at: 1.27 cm
Formatted: English (United Kingdom)
8
I N C O N F I D E N C E
I N C O N F I D E N C E
3837 The Ministry of Transport has ve claimed an exemption under Cabinet Office circular
CO(24)7 for the proposal to authorise the Minister of Transport to update cross
Formatted: Font:
references and address other digital matters in the Civil Aviation Act 2023 (Proposal
5) on the grounds it is for a matter suitable to be included in a Statutes Amendment
Bill (as provided for in Standing Orders).
Climate Implications of Policy Assessment
3938 The Climate Implications of Policy Assessment (CIPA) team has been consulted and
confirms that CIPA requirements do not apply to the proposals as none are expected
to result in any significant, direct emissions impacts.
Privacy Impact Assessments
1982
4039 Privacy Impact Assessments are used to identify and assess the privacy risks arising
from the collection, use and handling of personal information. When implemented,
proposals to digitise licences and labels (Proposal 1 to 3) would change the means in
which information is collected, used and handled. Some evaluation of privacy risks
ACT
has already been conducted by NZTA.
Proposal 1 – Enabling the use of digital driver licences:
4140 The privacy impact of decisions on the design and implementation of a digital driver
licence will need to be considered. There have been data breaches and other
cybersecurity risks in Australia associated with uptake of these licences that we can
learn from. There are also risks associated with handing over smartphones to a person
checking IDs. Officials will analyse and seek to mitigate or build safeguards against
these risks as the product is designed and the secondary legislation developed. For
now, I am seeking to make the primary legislation enabling of digital forms of driver
licences.
4241 NZTA’s initial analysis finds potential risks regarding the accuracy and verification of
driver licence information and the appropriate safeguarding of this data. However,
NZTA has existing obligations under the Privacy Act 2020 to ensure customer data is
accurate and that there are safeguards in place to prevent unauthorised loss, misuse, or
disclosure of personal information. NZTA will align itstheir work with the Digital
INFORMATION
Identity Services Trust Framework (New Zealand’s legal framework including rules
and regulations for how digital identify services that are accredited should work,
protect information and privacy). It is partnering with experts to ensure international
RELEASED UNDER THE
standards are met as this technology is developed and implemented.
43
Initial evaluation also determines it to be preferable that NZTA do not use Unique
Identifiers for individuals given existing restrictions set out in the Privacy Act 2020.
NZTA is seeking technical advice on whether an alternative way of referencing users
can be developed.
Proposal 2 – enablingfacilitating electronic issuing of regulatory notices and fees:
OFFICIAL
4442 NZTA assessesd the impact of this proposal as ‘medium’. M, as while there is some
personal information involved, any risks can be mitigated satisfactorily.andating the
collection and provision of electronic addresses raises potential privacy risks such as
9
I N C O N F I D E N C E
I N C O N F I D E N C E
potential reliance on inaccurate information (e.g., if email addresses are not kept up to
Formatted: Font: (Default) Times New Roman
date) and could further expose New Zealanders to cybersecurity risks, scams and
phishing. However, NZTA considers risks can be satisfactorily mitigated by applying
Formatted: Font: (Default) Times New Roman
similar safeguards as for other personal information they hold.
Formatted: Font: (Default) Times New Roman
4543 NZTA also assesses that the proposal will reduceconsiders risks could be reduced as
e-servicing will enable emails and attachments to both be password-protected to
enhance privacy. This has fewer privacy risks than than the current practice of posting
such notices to physical addresses, with no confirmation of receipt, and in envelopes
that can be opened by anyone.
Proposal 3 – removing unnecessary display requirements
1982
4644 NZTA assessed the impact of this proposal as ‘low’ as the use of personal information
is uncontroversial, and the risk of harm eventuating is negligible.
Population Implications
4745 There are no population implications arising from these proposals.
ACT
Human Rights
4846 Where proposals are enabling the use of technology, there will be an ongoing ability
to opt for the traditional route of being, for example, sent a notice via mail and
provided a physical copy of one’s driver’s licence. This recognises that while
technology can be enabling for many people and organisations, it can act as a barrier
for others. If in future a digital only option becomes viable, consideration will be
given to human rights implications before implementation.
Use of external Resources
4947 No external resources were used in policy development of the proposals. or drafting
of this paper.
Consultation
5048 The following agencies were consulted on the contents of this paper: Civil Aviation
INFORMATION
Authority, Department of Internal Affairs, Department of the Prime Minister and
Cabinet, Maritime New Zealand, Ministry of Justice, Ministry of Primary Industries,
RELEASED UNDER THE
Ministry for Regulation, New Zealand Police, New Zealand Transport Agency, Office
of the Privacy Commissioner, Parliamentary Counsel Office and Treasury.
[PLACEHOLDER].
5149 I do not propose to take further targeted or public consultation on the proposals
outlined in this paper. However, proposals outlined in Appendix Two underwent
public consultation between 1 June to 8 July 2022 and supported by submitters.
Communications
OFFICIAL
5250 Once legislative drafting is complete, I will share my communications approach
including advising stakeholders of the Select Committee process to submit on the
contents of the Bill. The Minister of Transport intends to separately announce, in
10
I N C O N F I D E N C E
I N C O N F I D E N C E
conjunction with the Minister for Digitising Government, the decision to progress
changes to the Land Transport Act 1998 to enable a digital driver licence.
Proactive Release
5351 This Cabinet paper and its corresponding minute will be proactively released within
30 business days of final policy decisions being taken by Cabinet.
Recommendations
The Associate Minister of Transport recommends that the Committee:
1
note that amendments are required across transport legislation to support effective
1982
regulatory stewardship and an efficient transport system;.
2
note that I intend to progress these amendments through the Regulatory Systems
(Transport) Amendment Bill s 9(2)(f)(iv)
ACT
3
agree to amend legislation to enable the use of digital driver licences;.
4
agree to amend legislation to facilitate the electronic issuing of infringement and
other regulatory notices as a compliance andn enforcement mechanism, including by
requiring the provision of electronic addresses to the NZTA if the recipientperson has
these, and keeping these current, ,one.and enabling notices to be retrieved
electronically;
5
agree to amend legislation to enable digital in-vehiclelicence and label optionss and
update the requirement to carry and display physical labels where a digital alternative
is available;.
6
agree to remove the following three public transport principles in legislation:
6.1
well-used public transport services reduce the environmental and health
impacts of land transport, including by reducing reliance on single-occupant
vehicles and using zero-emission technology,
INFORMATION
6.2
public transport services support a mode shift from private motor vehicle use
and equitable access to places, facilities, services, and social and economic
RELEASED UNDER THE
opportunities if they are co-ordinated, integrated, reliable, frequent, accessible,
affordable, and safe,
6.3
fair and equitable employment or engagement of people in the public transport
workforce should ensure that there is a sufficiently robust labour market to
sustain and expand public transport services;.
7
agreeuthorise the responsible Minister to issue drafting instructions to the
Parliamentary Counsel Office to update cross references and address other editorial
OFFICIAL
matters in the Civil Aviation Act 2023, and other transport legislation;
Formatted: Font: Not Bold
11
I N C O N F I D E N C E
I N C O N F I D E N C E
8
invite the Minister and Associate Minister of Transport to issue drafting instructions
to the Parliamentary Counsel Office to give effect to proposals in recommendations 2
to all proposals5 (including for primary legislation and any associated regulations),
including any necessary consequential amendments, savings and transitional
provisions;.
9
authorise the Minister and Associate Minister of Transport to make policy decisions
that are consistent with the overall policy, provided that these decisions are confirmed
when the Bill is considered for introduction.
Once the Minister has approved the draft Cabinet paper for lodgement for Cabinet or a
Cabinet committee, this section should be updated to state ‘Authorised for lodgement’.
1982
Hon James Meager
ACT
Associate Minister of Transport
INFORMATION
RELEASED UNDER THE
OFFICIAL
12
I N C O N F I D E N C E
I N C O N F I D E N C E
Appendix One: Summary of final policy proposals for Cabinet agreement
Proposal
Description
Relevant
Comment
legislation
Enabling digital Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption 1982
driver licences
Land Transport Act 1998 to enable the use of digital driver licences. This 1998
(DDL)
includes amending the definition of a driver licence and sections that
This is an enabling
require a physical licence. This change supports the Digitising
provision. Implementation
Government approach that aims to promote a modern and efficient public
wil take time and have
service by providing people with a convenient alternative to carrying a
associated costs. There are
ACT
physical copy of their driver licence.
outstanding privacy
considerations that need to
be worked through.
Better enabling Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption
NZTA to email
Land Transport Act 1998 to facilitate the electronic issuing (e.g. emailing) 1998
regulatory
of infringement and other regulatory notices. This includes sections that
This is an enabling
notices and fees specify how regulatory notices are sent and making the provision of
provision. Implementation
electronicemail addresses (including email) to NZTA mandatory upon
wil take time and have
request (as is the case for postal addresses). This change also supports
associated costs, although
the Digitising Government approach that aims to promote a modern and
these costs wil , in part, be
efficient public service and reduce unnecessary administration cost.
balanced by administrative
savings in the long-term.
Enabling digital Proposal to make a series of legislative amendments that would enable
Land Transport Act
RIS exemption
in-vehicle labels alternative digital options to the currentremove requirements to carry and 1998; Land
display physical licences and labels. This is a dated practice that does
Transport (Motor
This is an enabling
not align with the future direction of the transport system and carries an
Vehicle Registration provision. Implementation
INFORMATION
unnecessary administration cost. This proposal would include
and Licensing)
wil take time and have
amendments to the Land Transport Act 1998, Land Transport (Motor
Regulations 2011;
associated costs, although
Vehicle Registration and Licensing) Regulations 2011, and Land
Land Transport
these costs wil , in part, be
RELEASED UNDER THE
Transport (Offences and Penalties) Regulations 1999 to provide flexibility (Offences and
balanced by administrative
by enabling digital in-vehicle labels to be displayed.alternative digital
Penalties)
savings in the long-term.
licence and label display options.
Regulations 1999
13
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
Re-focusing our Proposal to amend the Land Transport Management Act’s (LTMA) public Land Transport
RIS not provided. A post-
Formatted: Not Highlight
public transport transport principles set out in Part 5, section 115 by removing three
Management Act
implementation review will
principles
principles that add cost and complexity for public transport decision-
2003
be undertaken and provided
makers. Removing these principles wil help to improve alignment
to Cabinet in due
between the remaining public transport principles with Government
course.TBD
1982
priorities and the purpose of the LTMA, reduce compliance costs and
improve regulatory certainty for public transport decision makers.
Amending an
Proposal to authorise the Minister of Transport to update cross
Civil Aviation Act
RIS exemption
errors across
references and address other drafting matters across igital
2023
transport
matterstransport legislation including in the Civil Aviation Act 2023 and
ACT
legislation,
the Transport Accident Investigation Commission Act 1990. This would
including the
include enabling his would enable two sets of consequential amendments
Civil Aviation
to the Civil Aviation Act 2023:
Act 2023 and the
a) allowing Wellington and Auckland airports to use the powers
Transport
outlined under S230 of the Civil Aviation Act 2023 to set charges
Accident
as intended.
Investigation
The setting of charges is an important element of an airport’s
Commission Act
operation. However, a numbering error made when enacting the
1990
Civil Aviation Act 2023 has resulted in Wellington and Auckland
airports not being able to set charges for ‘identified aerodrome
(Associate
activities provided, operated, or managed by the airport operator’,
Minister
and
responsible)
b) clarify that costs can be recovered via levies unless those
same costs are otherwise collected or to be collected via the
Airports (Cost Recovery for Processing of International Travellers)
Act 2014. This would align the Civil Aviation Act with the Customs
and Excise Act 1996 and the Biosecurity Act 1993, which already
contain these clarifying statements. This amendment fil s an
INFORMATION
unintended legislative gap that exists because the Civil Aviation
Act 1990 was not consequentially amended to include this
statement when the aviation security levies were later introduced.
RELEASED UNDER THE
As well as enable a minor amendment to the Transport Accident
Formatted: Indent: Left: 0 cm
Investigation Commission Act 1990 to correct inconsistencies in wording,
in line with the original intent of the legislation.
14
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
1982
ACT
INFORMATION
RELEASED UNDER THE
15
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
Appendix Two: Summary of proposals agreed to by Cabinet in November 2022 (CAB-22-MIN-0177)
Land proposals
Proposal
Description
Relevant Legislation
Al ow the NZTA to
Proposal to amend the Government Roading Powers Act 1989 (GRPA).
Government Roading Powers Act
1982
proactively close parts
This wil align NZTA’s powers with other Road Controlling Authorities.
1989
of the State Highway
network to address
safety concerns
Pedestrian access to
The GRPA restricts pedestrian access to motorways. This proposal wil
Government Roading Powers Act
ACT
approved areas within
update GRPA provisions to clarify that pedestrians may use approved
1989
motorway corridors
areas and infrastructure (e.g. bus stops).
New offence and powers Drivers and owners of freight, vehicle recovery, and passenger service
Land Transport Act 1998
relating to Transport
vehicles are required to hold a TSL. The Land Transport Act 1998 (LTA)
Service Licences (TSL)
prohibits transferring, assigning, or leasing a TSL but there is no
corresponding offence. Propose to amend the LTA to: add an offence,
expand NZTA’s audit ability, extend power to suspend a TSL, and require
a fit/proper person check for a new person added to a TSL.
Simplify the Rule
This proposal wil remove duplicative consultation requirements in section Land Transport Act 1998
consultation process to 161(2)(c) of the LTA that are adequately covered in section 161(2)(b). The
remove duplication
Maritime Transport Act 1994 (MTA) and Land Transport Management Act
2003 (LTMA) wil be amended in the same way. This wil align transport
sector consultation practice with the Civil Aviation Act 2023.
Introducing emergency
Enable the Director of Land Transport to extend the term of any land
Land Transport Act 1998
powers for the Director
transport document when a state of national or local emergency has been
of Land Transport
declared, an Epidemic Notice is in force, or with the Minister of Transport’s
agreement. It wil also introduce new powers for the Director of Land
Transport to: require any vehicle, or class of vehicle, to present for
INFORMATION
inspection by a specified date, and be able to revoke the Certificate/
Warrant of Fitness of a class of vehicles on the grounds of not meeting
RELEASED UNDER THE
safety requirements.
Increase the maximum
This proposal wil raise the maximum fees and fines that can be made
Land Transport Act 1998
level of fines and
through regulations under section 167 of the LTA. Maximum penalties for
infringement fees that
an individual wil vary from $2,000 to $3,000 for infringement fees, and
from $10,000 to $15,000 for fines before a court order. This would require
16
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
can be set through
public consultation on proposed amounts for specific offences. (This is a
regulations
separate initiative to the Fees and Penalties work)
Amend a drafting error
A drafting oversight in the LTMA means NZTA cannot legally declare a
Land Transport Management Act
to enable NZTA to
new road it has constructed as a state highway. Proposal to amend the
2003
declare a road as being
definition of road in the LTMA to correct this, and to ensure the validity of
1982
a state highway
State highway declarations and any enforcement activities.
Clarify the criteria and
The E-Scooters (Declaration not to be motor vehicles) Notice 2018 led to
Land Transport Act 1998
consultation
complaints to the Regulations Review Commit ee about a lack of
requirements for when
transparency, and a lack of consultation by NZTA. Propose to amend the
NZTA can declare a
LTA to require that when NZTA declares a vehicle is not a motor vehicle,
ACT
vehicle to not be a motor they have regard to how the declaration wil contribute to a safe, inclusive
vehicle
and environmentally sustainable land transport system, enable NZTA to
apply conditions to the operation of and equipment required on devices
subject to a declaration, include devices up to 2000 watts and define
maximum power output. . The NZTA must also conduct an appropriate
level of consultation prior to making a declaration.
Formatted: Font:
Introduce reactive
Proposal to introduce new powers for NZTA to freeze a scene to preserve Railways Act 2005
investigation powers
and collect evidence, access sites to investigate or carry out verification
under the Railways Act
inspections, request materials to be supplied for examination, interview
2005
personnel involved in a safety occurrence and require identified failings to
be remediated by the rail participant.
Al owing rail safety case Al rail licence holders are required to have a safety system with an
Land Transport Act 11998
applications to be
overarching safety case approved by NZTA. A 20-working day limit applies
paused
to applications for safety case approval. This proposal wil amend the LTA
to introduce a ‘stop-the-clock’ provision when NZTA requires further
information from an applicant, either for a new application or a variation to
a safety case.
INFORMATION
Maritime Proposals
RELEASED UNDER THE
Proposal
Description
Relevant Legislation
Confer maritime safety
This proposal extends the functions, duties, responsibilities and powers of Maritime Transport Act 1994
powers on the Minister
a regional council relating to maritime safety under Part 3A the MTA to the
of Conservation in the
Minister of Conservation. This wil allow the Minister of Conservation to
17
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
Subantarctic and
manage maritime safety at the Islands, with access to a system of powers
Kermadec Islands
in line with the rest of New Zealand.
Update the definition of Under the MTA, amendments to an international convention to which New Maritime Transport Act 1994
a ‘convention’ in the
Zealand is a party are not defined as part of the convention. This proposal
MTA
wil amend the definition of ‘convention’ to incorporate subsequent
1982
amendments. This wil avoid multiple Orders in Council being required to
recognise that amendments have been made.
Clarifying the threshold Currently section 54A of the MTA requires the Director of Maritime New
Maritime Transport Act 1994
ACT
for starting an
Zealand (the Director) to have ‘reasonable grounds to believe’ non-
investigation of a
compliance with the requirements of a maritime document before initiating
maritime document
an investigation. ‘Belief’ implies a substantial level of evidence, which does
holder
not enable the Director to uncover covert breaches. This proposal wil
amend the threshold to ‘reasonable grounds to suspect’.
Provide certainty that
This proposal wil establish that the Director can investigate a maritime
Maritime Transport Act 1994
breaches of maritime
document holder under section 54A where there are reasonable grounds
document holders’
to suspect a breach of their general duties under section 17 of the MTA.
duties are grounds for
an investigation
Addressing an
The MLC is an International Labour Organization treaty that sets out
Maritime Transport Act 1994
inconsistency with the
minimum standards to address the welfare and employment conditions of
Maritime Labour
seafarers. The MLC came into force in New Zealand in 2017.
Convention 2006 (MLC)
in respect to prohibiting The MLC allows charges for placing seafarers in employment provided
charges for placing
charges are not borne directly or indirectly by the seafarer. Section 27 of
seafarers in employment the MTA prohibits people providing seafarer recruitment and placement
services from charging for the service. This proposal wil align the MTA
INFORMATION
with the MLC by removing the prohibition in section 27 of the MTA on
charging for seafarer recruitment and placement services.
RELEASED UNDER THE
Aligning seafarer
This proposal wil amend section 2 of the MTA to replace the definition of
Maritime Transport Act 1994
employment agreement ‘Articles of Agreement’ with the MLC definition of ‘seafarers’ employment
clauses with MLC
agreement’.
requirements
18
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
Align the MTA with the
Section 22(1)(d) of the MTA specifies that if requested by the seafarer, an Maritime Transport Act 1994
MLC requirement that a employer on a New Zealand ship on an overseas voyage must provide a
seafarer’s record of
certificate as to the quality of the seafarer’s work. This proposal wil repeal
employment need not
section 22(1)(d).
include any statement
1982
as to the quality of their
work
Aligning with the MLC
Section 26(3) of the MTA states that an employer may employ two persons Maritime Transport Act 1994
requirement to prohibit
under the age of 18 to take the place of a single trimmer or stoker, if
people younger than 16 reasonable steps have been taken to find someone 18 or over. Section
ACT
years old from working
26(4) allows the Director of Maritime NZ to approve the employment of a
on a ship and people
school-aged person to carry out work on a training ship. These two
under 18 from
provisions wil be removed.
undertaking hazardous
work
Revising and
The MLC places a number of obligations on ‘shipowners’. The MTA does
Maritime Transport Act 1994
reorganising Part 3 of
not use this term and refers to ‘employers’. This proposal wil insert a
the MTA to align it with
definition of ‘shipowner’ into the MTA. Al references to ‘employers’ in Part
the MLC
3 of the MTA wil be changed to ‘shipowner’. Other changes to Part 3 to
reflect MLC obligations include shifting the duty to provide food and
drinking water from the employer to the shipowner; introducing a
requirement for documentary evidence of financial security for the
purposes of repatriation of seafarers to be set by maritime rules; and
prohibiting advanced payments to cover costs of repatriation of a seafarer.
Clarifying rule-making
This proposal wil amend the MTA to clarify that the scope of its rule-
Maritime Transport Act 1994
and compliance powers making powers extends to minimum requirements for seafarers to work on
to support the
a ship; conditions of employment on a ship; repatriation of seafarers; and
implementation of MLC
the liability of shipowners to assist seafarers in the event of abandonment.
INFORMATION
requirements
Amending the definition In section 2 of the MTA, the term ‘unit of account’ is used to represent an
Maritime Transport Act 1994
of unit of account
internationally defined value that can be used to calculate the limit of
RELEASED UNDER THE
liability or recompense for damage or loss. Currently, section 2 of the MTA
defines unit of account only with reference to Part 7 of the Act, when Parts
16, 25 and 26 are also relevant. This proposal seeks to make the definition
19
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
of, and calculations for, ‘units of account’ in the four parts of the MTA
consistent.
Bring floating
An FPSO is a vessel used in the offshore oil and gas industry for the
Maritime Transport Act 1994
production and storage production, processing and storage of oil. This proposal seeks to ensure
and offloading units
FPSOs contribute to the maritime regulatory system when they enter New
1982
(FPSOs) within the
Zealand’s territorial waters (there are currently no FPSOs in New
maritime levy
Zealand’s territorial waters).
Update the maximum
This proposal is to increase the maximum fines and infringement fees with Maritime Transport Act 1994
level of fines and
respect to Maritime Rules or navigation bylaws, and breaches of the
infringement fees that
marine protection rules. The new maximum penalties for individuals wil be
ACT
can be set through
$3000 for infringements and $15,000 for fines.
regulations in the MTA
Modernise the penalties This proposal would align the maximum financial penalties for MTA safety Maritime Transport Act 1994
for the safety offences in offences with the Health and Safety at Work Act 2015. This would enable
the MTA
foreign flagged and New Zealand ships and crew to be treated equally.
Amend the Maritime
This proposal is to update the maximum fines and fees in the Maritime
Maritime (Offences) Regulations
(Offences) Regulations
Regulations and the Marine Regulations for the first time since 1998, to
1998;
1998 (Maritime
add penalties where none currently exist, and to tidy up inconsistencies
Marine Protection (Offences)
Regulations) and the
created by changes to the Maritime Rules over time.
Regulations 1998
Marine Protection
(Offences) Regulations
1998 (Marine
Regulations)
Proposals agreed in 2022 that wil no longer be progressed
Proposal
Description
Relevant Legislation
INFORMATION
Remove Road
The LTA requires that fees charged by RCAs for reserved residential
Land Transport Act 1998
Controlling Authorities’ parking cannot exceed the reasonable cost of the service involved in
RELEASED UNDER THE
(RCAs) restrictions on
granting the permit. This proposal wil amend the current restriction to
cost recovery charging
require that the cost of residential parking be limited to a ‘reasonable’
for residential parking
amount.
20
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
Include Waka Kotahi in
This proposal wil replace ‘New Zealand Transport Agency’ in legislation
Across legislation
NZTA’s name in
with ‘Waka Kotahi New Zealand Transport Agency’
legislation
1982
ACT
INFORMATION
RELEASED UNDER THE
21
I N C O N F I D E N C E
OFFICIAL
Attachment 3
I N C O N F I D E N C E
In-confidence
Office of the Associate Minister of Transport
Cabinet Economic Policy Committee
Regulatory Systems (Transport) Amendment Bil – strengthening
the efficiency of the transport system
Proposal
1
I seek Cabinet agreement to proposals to progress through the Regulatory Systems
(Transport) Amendment Bill (the Bill) to enable a more effective and efficient
transport system.
1982
Relation to government priorities
2
The proposals will deliver on commitments made in the Government Policy
Statement on Land Transport as well as support other Government priorities
ACT
including: to improve the quality and performance of regulatory systems; the digital
modernisation of services; and to reduce unnecessary government spending.
Executive Summary
3
Our transport system is managed by a significant legislative framework. Duplications,
gaps, errors and inconsistencies across legislation creates an unnecessarily complex
system for users to engage with and for government to administer. This generates time
and costs that hold us back from meeting our transport objectives.
4
The Minister of Transport and I have identified a number of legislative solutions that
would improve the effectiveness and efficiency of the transport system by:
4.1
modernising legislation to enable convenient digital service alternatives to
INFORMATION
physical licences and labels, and
RELEASED UNDER THE
4.2
streamlining and clarifying provisions to reduce complexity and ensure
legislation functions as intended.
5
I seek approval to issue drafting instructions to the Parliamentary Counsel Office for
the following proposals:
5.1
Proposal 1 – enable digital driver licences as a convenient alternative to
OFFICIAL
physical documents and to promote a modern and efficient transport system,
5.2
Proposal 2 – enable electronic issuing of regulatory notices and fees to
streamline services to deliver system efficiencies and customer benefits,
5.3
Proposal 3 - remove unnecessary display requirements to update outdated
processes and reduce administrative costs,
1
I N C O N F I D E N C E
I N C O N F I D E N C E
5.4
Proposal 4 – re-focus our public transport principles to reduce cost and
complexity for public transport decision-makers, and
5.5
Proposal 5 – amend drafting errors across transport legislation including
the
Civil Aviation Act 2023 (CAA 2023)
to empower airports to set charges
and cost-recover fees, and the Transport Accident Investigation Commission
Act 1990 (TAIC 1990),
in line with the original intent of the legislation.
6
I intend to progress these proposals through the Regulatory Systems (Transport)
Amendment Bill (the Bill).s 9(2)(f)(iv)
To advance these changes as a single bill requires cross-party support from the
Business Committee. If any of these proposals prove contentious, I intend to split
them into separate bills.
7
Through the Bill, I also intend to progress:
1982
7.1
a number a minor and technical fixes, developed by the Ministry of Transport
under the previous Government, across land transport, maritime and aviation
legislation (Appendix Two), and
ACT
7.2
decisions already made by Cabinet to both enable councils to set parking fees
below a maximum cap (CAB-24-MIN-0220) and enable adjustments to the
Clean Vehicle Standard to save motoring costs for New Zealanders (CAB-24-
MIN-0248).
8
Subject to Cabinet agreement, I will return in June 2025 with draft legislation. The
need for amendments to enable the changes to the Clean Vehicle Standard drive the
Bill’s timeline, as they need to be in force by the end of the year to deliver as we have
committed. It is also important that we amend the numbering error in the Civil
Aviation Act 2023 (that comes into force on 5 April 2025) as soon as possible to
ensure airport operators can carry out important operational functions.
9
While I intend for legislative changes to be enacted this year, the digitisation of
INFORMATION
licences and labels will take time to implement and for public to opt in to alternatives.
The New Zealand Transport Agency (NZTA) is participating in a co-design digital
RELEASED UNDER THE
driver licence solution with Austroads. Following this, the Minister of Transport can
provide Cabinet with indicative implementation timeframes and costs, including any
privacy risks that require addressing through the design of services.
Background
An effective and efficient transport system requires a strong regulatory framework
OFFICIAL
10
A significant legislative framework underpins the transport sector: 26 transport-
related Acts and 268 sets of rules and regulations across land, aviation and maritime.
Regularly maintaining and improving this framework is fundamental to maintaining
its effectiveness and efficiency and reducing the chance of regulatory failure.
11
This Government understands the importance of reducing regulatory complexity and
improving the quality and performance of regulatory systems. To support us to
2
I N C O N F I D E N C E
link to page 91 link to page 91
I N C O N F I D E N C E
achieve this I am seeking Cabinet’s agreement to a number of these proposals that if
progressed, would modernise legislation and generate system efficiencies.
Proposals
Our transport legislation needs modernising to keep up with developing technologies
12
Currently, New Zealanders rely on physical licences and paper-based labels in the
transport system. Having to hold and display these can be unnecessarily costly and
onerous for both users and administrators of transport services.
13
I am proposing a suite of amendments, agreed to by the Minister of Transport, that
would enable the digitisation of key transport documentation. By enabling convenient
alternatives that enhance efficiency, this supports the Government’s digital
modernisation goals that aims to promote a modern and efficient public service.
1982
14
I am seeking Cabinet agreement to:
14.1
Proposal 1 – enable digital driver licences: make a series of legislative
amendments including to the Land Transport Act 1998 (LTA 1998) to enable
the use of digital driver licences. This would include amending sections that
ACT
require a physical licence.
14.2
Proposal 2 – enable electronic issuing of regulatory notices and fees: make
a series of legislative amendments, including to the LTA 1998 to facilitate the
electronic issuing (e.g. emailing) of infringement and other regulatory notices
including making the provision of email addresses to NZTA mandatory upon
request (as is the case for postal addresses), and
14.3
Proposal 3 - remove unnecessary display requirements: make a series of
legislative amendments that would update requirements to carry and display
physical licences and labels such as a Warrant of Fitness (WoF), Certificate of
Fitness (CoF) and alternative fuel inspection certificates where digital
alternatives are available. Physical display does not align with the future
INFORMATION
direction of the transport system and carries an unnecessary administration
cost. This proposal would include amendments to the LTA 1998; Land
RELEASED UNDER THE
Transport (Motor Vehicle Registration and Licensing) Regulations 2011; and
Land Transport (Offences and Penalties) Regulations 1999.
1
15
While these proposals would make the necessary primary legislative changes to
enable digital licences and labels in the future, digitisation of physical licences and
labels will take time to implement and for the public to opt in. A key part of design is
the need to ensure there are no unintended privacy implications before
OFFICIAL
implementation.
2
1 Changes required to enable digital Road User Charges (RUC) licences will be progressed separately, as will
other secondary or delegated legislative changes required.
2 NZTA will align their work with the Digital Identity Services Trust Framework (New Zealand’s legal
framework including rules and regulations for how digital identify services that are accredited should work,
protect information and privacy).
3
I N C O N F I D E N C E
link to page 92 link to page 92
I N C O N F I D E N C E
16
For Proposal 1, NZTA will participate in a co-design digital driver licence solution
with Austroads.
3 Following this, the Minister of Transport can provide Cabinet with
indicative implementation timeframes and costs, including any privacy risks that
require addressing through the design of services and/or secondary legislation. For
Proposals 2 and 3, the Minister of Transport will return to Cabinet later this year with
more detail on service design and delivery options, timeframes and associated costs.
Other amendments to streamline and clarify legislation will save time and costs
17
The government’s overarching public transport objectives are incorporated into
legislation through principles set out in Part 5 of the Land Transport Management Act
(LTMA) 2003, which regulates public transport. Those that exercise powers and/or
perform function under Part 5 (such as NZTA and other transport authorities and
operators) must be guided by these principles.
18
The principles cover a wide range of competing objectives that can add regulatory
1982
complexity for public transport decisions makers. To reduce compliance costs and
improve regulatory certainty for public transport decision makers, I am seeking
Cabinet agreement to progress the Minister of Transport’s proposal to:
ACT
18.1
Proposal 4 – re-focus our public transport principles: remove the
following public transport principles from section 115 of the LTMA:
18.1.1 (1)(a) - well-used public transport services reduce the
environmental and health impacts of land transport, including by
reducing reliance on single-occupant vehicles and using zero-
emission technology,
18.1.2 (1)(b) - public transport services support a mode shift from private
motor vehicle use and equitable access to places, facilities, services,
and social and economic opportunities if they are co-ordinated,
integrated, reliable, frequent, accessible, affordable, and safe, and
18.1.3 (1)(c) - fair and equitable employment or engagement of people in
INFORMATION
the public transport workforce should ensure that there is a
sufficiently robust labour market to sustain and expand public
RELEASED UNDER THE
transport services.
19
This proposal may be contentious, particularly as it has not yet been discussed with
Public Transport Authorities and public transport operators.
4 However, removing
these will result in a more cohesive set of public transport principles that are in closer
alignment with the Minister of Transport’s priorities and the purpose of the LTMA. In
the absence of these principles, non-regulatory mechanisms, such as procurement
OFFICIAL
3 Austroads is the association of the Australian and New Zealand transport agencies, representing all levels of
government. Austroads is a not-for-profit, nonpartisan organisation and is funded by Australian and New
Zealand government transport agencies.
4 Relevant unions were consulted during the addition of the labour market principles, and although the principles
are unlikely to directly correspond with worker wages and conditions, there is likely to be concern about the
proposed change.
4
I N C O N F I D E N C E
link to page 93
I N C O N F I D E N C E
guidance and letters of expectation, will continue to play an important role in
supporting the sector to deliver efficient and effective public transport services.
20
In addition, I am seeking Cabinet agreement to:
20.1
Proposal 5 – amend errors across transport legislation: authorise the
Minister of Transport to update cross references and address other drafting
matters across transport legislation, including the CAA 2023 and the TAIC
1990.
21
This proposal would enable consequential amendments to the CAA 2023 resulting
from errors in the drafting process, including:
21.1 amendments relating to the setting of charges, which is an important element
of an airport’s operation. However, a numbering error made when enacting the
CAA 2023 (that comes into force 5 April 2025) has resulted in Wellington and
1982
Auckland airports not being able to set charges for “identified aerodrome
activities provided, operated, or managed by the airport operator”.
5 This
proposal would enable Wellington and Auckland airports to use the powers
outlined in s230 of the CAA 2023 to set charges, as originally intended, and
ACT
21.2 a minor technical amendment to clarify that costs can be recovered via levies
unless those same costs are otherwise collected or to be collected via the
Airports (Cost Recovery for Processing of International Travellers) Act 2014.
This would align the CAA 2023 with the Customs and Excise Act 1996 and
the Biosecurity Act 1993, which already contain these clarifying statements.
This amendment fills an unintended legislative gap that exists because the
Civil Aviation Act 1990 was not consequentially amended to include this
statement when the aviation security levies were later introduced.
22
This proposal would also enable a minor amendment to the TAIC 1990 to correct
inconsistencies in wording, in line with the original intent of the legislation. I intend
for this proposal to allow the amendment of any additional errors across transport
legislation that are identified during the drafting process. I will confirm these with
INFORMATION
Cabinet when I return with draft legislation.
RELEASED UNDER THE
Next steps
I intend to introduce an omnibus Bill to progress the range of regulatory fixes across the
transport system
23
I intend to progress a Regulatory Systems (Transport) Amendment Bill (the Bill) that
will provide the necessary legislative vehicle to progress these proposals. I also intend
OFFICIAL
for the following to be advanced through this Bill:
23.1 decisions already made by this Government in June 2024, to enable councils
to set parking fees below a maximum cap (CAB-24-MIN-0220) and in July
2024 to change the Clean Vehicle Standard to enable greater flexibility and
reduce compliance costs (CAB-24-MIN-0248); and
5 S230, Civil Aviation Act 2023
5
I N C O N F I D E N C E
I N C O N F I D E N C E
23.2 a number of minor and technical amendments to legislation that were
developed by the Ministry of Transport under the previous Government
(CAB-22-MIN-0177). A full list of amendments previously agreed is outlined
in Appendix Two.
24
I expect to return to Cabinet in June with draft legislation. Subject to Cabinet
agreement, I anticipate introducing this Bill to the House in June 2025 to be passed in
s 9(2)(f)(iv)
Milestone/Activity
Timeframe
Cabinet considers draft legislation
June 2025
Business Committee considers the Bill
June 2025
Introduction of the Bill
June 2025
1982
Select Committee
July – October 2025
s 9(2)(f)(iv)
ACT
25
The need for amendments to enable the changes to the Clean Vehicle Standard drive
the Bill’s timeline, as they need to be in force by the end of the year to deliver as we
have committed. It is also important we amend the numbering error in the Civil
Aviation Act 2023 as soon as possible to ensure airport operators can carry out
important operational functions.
Implementation
26
Legislative amendments to enable digital licences and labels alongside physical
licences (Proposal 1 to 3) will be implemented at a later date. This provides an
opportunity for the NZTA to design and develop new services, including investigating
INFORMATION
funding options, ensuring privacy risks are managed prior to implementation, and that
new digital channels are attractive to use. Some new services will require substantial
RELEASED UNDER THE
implementation programmes and associated funding decisions.
27
NZTA and the Department of Internal Affairs are working to develop and implement
the digital identity platform. NZTA is participating in a co-design digital driver
licence solution with Austroads. Following this, the Minister of Transport will
provide Cabinet with indicative implementation timeframes and costs.
OFFICIAL
28
Other proposed amendments are minor and technical legislative changes that will be
implemented following the enactment of the Bill.
Cost-of-living Implications
29
By simplifying carrying and display requirements that bring unnecessary
administration costs, these proposals will over time reduce the cost of living as
changes flow through to more sustainable fees and charges for NZTA services. Other
amendments designed to streamline legislation will also support this outcome.
6
I N C O N F I D E N C E
I N C O N F I D E N C E
30
Other proposals in this paper do not have material cost-of-living implications.
Financial Implications
31
These proposals have no significant financial implications. However, there will be
costs associated with the implementation of digital driver licences, enabling electronic
issuing of regulatory notices and fees, and removing unnecessary display
requirements. Estimated costs will be provided to Cabinet when it considers service
design and delivery options later this year.
Legislative Implications
32
The proposals require changes across primary and secondary legislation including:
Land Transport Act 1998; Land Transport Management Act 2003; Civil Aviation Act
2023; Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011;
Land Transport (Offences and Penalties) Regulations 1999; Railways Act 2005;
1982
Motor Vehicle Registration Regulations; Infringement and Reminder Notices and
Regulations; and the Transport Accident Investigation Commission Act 1990.
33
I intend for these proposals to be progressed through the Bill, which I anticipate
introducing to the House in June 2025
ACT
s 9(2)(f)(iv)
Impact Analysis
Regulatory Impact Statement
Proposals 1 to 3
34
The Ministry for Regulation (MfR) has determined these proposals are exempt from
the requirement to provide a Regulatory Impact Statement on the grounds they have
no or only minor impacts on businesses, individuals, and not-for-profit entities, or
only minor economic, social, or environmental impacts.
INFORMATION
Proposal 4
RELEASED UNDER THE
35
Cabinet’s impact analysis requirements apply to this proposal, but there is no
accompanying Regulatory Impact Statement, and the MfR has not exempted the
proposal from the impact analysis requirements.
36
Consistent with Cabinet’s impact analysis requirements, a post-implementation
review will be undertaken and provided to Cabinet in due course. The MfR and the
OFFICIAL
Ministry for Transport will discuss and agree on the appropriate scope and timing of
this assessment.
Proposal 5
37
The Ministry of Transport has claimed an exemption under Cabinet Office circular
CO(24)7 for the proposal to authorise the Minister of Transport to update cross
references and address other digital matters in the Civil Aviation Act 2023 (Proposal
7
I N C O N F I D E N C E
I N C O N F I D E N C E
5) on the grounds it is for a matter suitable to be included in a Statutes Amendment
Bill (as provided for in Standing Orders).
Climate Implications of Policy Assessment
38
The Climate Implications of Policy Assessment (CIPA) team has been consulted and
confirms that CIPA requirements do not apply to the proposals as none are expected
to result in any significant, direct emissions impacts.
Privacy Impact Assessments
39
When implemented, proposals to digitise licences and labels (Proposal 1 to 3) would
change the means in which information is collected, used and handled. Some
evaluation of privacy risks has been conducted by NZTA.
Proposal 1 – Enabling the use of digital driver licences:
1982
40
There have been data breaches and other cybersecurity risks in Australia associated
with uptake of these licences that we can learn from. Officials will analyse and seek to
mitigate or build safeguards against these risks as the product is designed and the
secondary legislation developed. For now, I am seeking to make the primar
ACTy
legislation enabling of digital forms of driver licences.
41
NZTA’s initial analysis finds potential risks regarding the accuracy and verification of
driver licence information and the appropriate safeguarding of this data. However,
NZTA has existing obligations under the Privacy Act 2020 to ensure customer data is
accurate and that there are safeguards in place to prevent unauthorised loss, misuse, or
disclosure of personal information. NZTA will align its work with the Digital Identity
Services Trust Framework. It is partnering with experts to ensure international
standards are met as this technology is developed and implemented.
Proposal 2 – enabling electronic issuing of regulatory notices and fees:
42
NZTA assesses the impact of this proposal as ‘medium’. Mandating the collection and
INFORMATION
provision of electronic addresses raises potential privacy risks such as potential
reliance on inaccurate information (e.g., if email addresses are not kept up to date)
RELEASED UNDER THE
and could further expose New Zealanders to cybersecurity risks, scams and phishing.
However, NZTA considers risks can be satisfactorily mitigated by applying similar
safeguards as for other personal information they hold.
43
NZTA also considers risks could be reduced as e-servicing will enable emails and
attachments to both be password-protected to enhance privacy. This has fewer privacy
risks than posting such notices to physical addresses, with no confirmation of receipt,
OFFICIAL
and in envelopes that can be opened by anyone.
Proposal 3 – removing unnecessary display requirements
44
NZTA assessed the impact of this proposal as ‘low’ as the use of personal information
is uncontroversial, and the risk of harm eventuating is negligible.
8
I N C O N F I D E N C E
I N C O N F I D E N C E
Population Implications
45
There are no population implications arising from these proposals.
Human Rights
46
Where proposals are enabling the use of technology, there will be an ongoing ability
to opt for the traditional route of being, for example, provided a physical copy of
one’s driver’s licence. This recognises that while technology can be enabling for
many people and organisations, it can act as a barrier for others. If in future a digital
only option becomes viable, consideration will be given to human rights implications
before implementation.
Use of external Resources
47
No external resources were used in policy development of the proposals. 1982
Consultation
48
The following agencies were consulted on the contents of this paper: Civil Aviation
Authority, Department of Internal Affairs, Department of the Prime Minister and
ACT
Cabinet, Maritime New Zealand, Ministry of Justice, Ministry of Primary Industries,
Ministry for Regulation, New Zealand Police, New Zealand Transport Agency, Office
of the Privacy Commissioner, Parliamentary Counsel Office and Treasury.
49
I do not propose to take further targeted or public consultation on the proposals
outlined in this paper. However, proposals outlined in Appendix Two underwent
public consultation between 1 June to 8 July 2022 and supported by submitters.
Communications
50
Once legislative drafting is complete, I will share my communications approach
including advising stakeholders of the Select Committee process to submit on the
contents of the Bill. The Minister of Transport intends to separately announce, in
INFORMATION
conjunction with the Minister for Digitising Government, the decision to progress
changes to the Land Transport Act 1998 to enable a digital driver licence.
RELEASED UNDER THE
Proactive Release
51
This Cabinet paper and its corresponding minute will be proactively released within
30 business days of final policy decisions being taken by Cabinet.
Recommendations
OFFICIAL
The Associate Minister of Transport recommends that the Committee:
1
note that amendments are required across transport legislation to support effective
regulatory stewardship and an efficient transport system;
2
note that I intend to progress these amendments through the Regulatory Systems
(Transport) Amendment Bill,s 9(2)(f)(iv)
9
I N C O N F I D E N C E
I N C O N F I D E N C E
s 9(2)(f)(iv)
3
agree to amend legislation to enable the use of digital driver licences;
4
agree to amend legislation to facilitate the electronic issuing of infringement and
other regulatory notices as a compliance and enforcement mechanism, including by
requiring the provision of electronic addresses to the NZTA if the person has these,
keeping these current, and enabling notices to be retrieved electronically;
5
agree to amend legislation to enable digital licence and label options and update the
requirement to carry and display physical labels where a digital alternative is
available;
6
agree to remove the following three public transport principles in legislation:
1982
6.1
well-used public transport services reduce the environmental and health
impacts of land transport, including by reducing reliance on single-occupant
vehicles and using zero-emission technology,
6.2
public transport services support a mode shift from private motor vehicle use
ACT
and equitable access to places, facilities, services, and social and economic
opportunities if they are co-ordinated, integrated, reliable, frequent, accessible,
affordable, and safe,
6.3
fair and equitable employment or engagement of people in the public transport
workforce should ensure that there is a sufficiently robust labour market to
sustain and expand public transport services;
7
agree to update cross references and address other editorial matters in the Civil
Aviation Act 2023, and other transport legislation;
8
invite the Minister and Associate Minister of Transport to issue drafting instructions
to the Parliamentary Counsel Office to give effect to all proposals (including for
INFORMATION
primary legislation and any associated regulations), including any necessary
consequential amendments, savings and transitional provisions;
RELEASED UNDER THE
9
authorise the Minister and Associate Minister of Transport to make policy decisions
that are consistent with the overall policy, provided that these decisions are confirmed
when the Bill is considered for introduction.
‘Authorised for lodgement’.
OFFICIAL
Hon James Meager
Associate Minister of Transport
10
I N C O N F I D E N C E
I N C O N F I D E N C E
Appendix One: Summary of final policy proposals for Cabinet agreement
Proposal
Description
Relevant
Comment
legislation
Enabling digital Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption
driver licences
Land Transport Act 1998 to enable the use of digital driver licences. This 1998
(DDL)
includes amending the definition of a driver licence and sections that
This is an enabling
1982
require a physical licence. This change supports the Digitising
provision. Implementation
Government approach that aims to promote a modern and efficient public
wil take time and have
service by providing people with a convenient alternative to carrying a
associated costs. There are
physical copy of their driver licence.
outstanding privacy
considerations that need to
ACT
be worked through.
Better enabling Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption
NZTA to email
Land Transport Act 1998 to facilitate the electronic issuing (e.g. emailing) 1998
regulatory
of infringement and other regulatory notices. This includes sections that
This is an enabling
notices and fees specify how regulatory notices are sent and making the provision of
provision. Implementation
electronic addresses (including email) to NZTA mandatory upon request
wil take time and have
(as is the case for postal addresses). This change also supports the
associated costs, although
Digitising Government approach that aims to promote a modern and
these costs wil , in part, be
efficient public service and reduce unnecessary administration cost.
balanced by administrative
savings in the long-term.
Enabling digital Proposal to make a series of legislative amendments that would enable
Land Transport Act
RIS exemption
in-vehicle labels alternative digital options to the current requirements to carry and display 1998; Land
INFORMATION
physical licences and labels. This is a dated practice that does not align
Transport (Motor
This is an enabling
with the future direction of the transport system and carries an
Vehicle Registration provision. Implementation
RELEASED UNDER THE
unnecessary administration cost. This proposal would include
and Licensing)
wil take time and have
amendments to the Land Transport Act 1998, Land Transport (Motor
Regulations 2011;
associated costs, although
Vehicle Registration and Licensing) Regulations 2011, and Land
Land Transport
these costs wil , in part, be
Transport (Offences and Penalties) Regulations 1999 to provide flexibility (Offences and
balanced by administrative
by enabling alternative digital licence and label display options.
Penalties)
savings in the long-term.
Regulations 1999
OFFICIAL
11
I N C O N F I D E N C E
I N C O N F I D E N C E
Re-focusing our Proposal to amend the Land Transport Management Act’s (LTMA) public Land Transport
RIS not provided. A post-
public transport transport principles set out in Part 5, section 115 by removing three
Management Act
implementation review will
principles
principles that add cost and complexity for public transport decision-
2003
be undertaken and provided
makers. Removing these principles wil help to improve alignment
to Cabinet in due course.
between the remaining public transport principles with Government
priorities and the purpose of the LTMA, reduce compliance costs and
improve regulatory certainty for public transport decision makers.
1982
Amending
Proposal to authorise the Minister of Transport to update cross
Civil Aviation Act
RIS exemption
errors across
references and address other drafting matters across transport legislation 2023
transport
including the Civil Aviation Act 2023 and the Transport Accident
legislation,
Investigation Commission Act 1990. This would include enabling
including the
consequential amendments to the Civil Aviation Act 2023:
ACT
Civil Aviation
a) allowing Wellington and Auckland airports to use the powers
Act 2023 and the
outlined under S230 of the Civil Aviation Act 2023 to set charges
Transport
as intended.
Accident
The setting of charges is an important element of an airport’s
Investigation
operation. However, a numbering error made when enacting the
Commission Act
Civil Aviation Act 2023 has resulted in Wellington and Auckland
1990
airports not being able to set charges for ‘identified aerodrome
activities provided, operated, or managed by the airport operator’,
and
b) clarify that costs can be recovered via levies unless those
same costs are otherwise collected or to be collected via the
Airports (Cost Recovery for Processing of International Travellers)
Act 2014. This would align the Civil Aviation Act with the Customs
and Excise Act 1996 and the Biosecurity Act 1993, which already
INFORMATION
contain these clarifying statements. This amendment fil s an
unintended legislative gap that exists because the Civil Aviation
RELEASED UNDER THE
Act 1990 was not consequentially amended to include this
statement when the aviation security levies were later introduced.
As well as enable a minor amendment to the Transport Accident
Investigation Commission Act 1990 to correct inconsistencies in wording,
in line with the original intent of the legislation.
OFFICIAL
12
I N C O N F I D E N C E
I N C O N F I D E N C E
Appendix Two: Summary of proposals agreed to by Cabinet in November 2022 (CAB-22-MIN-0177)
Land proposals
Proposal
Description
Relevant Legislation
Al ow the NZTA to
Proposal to amend the Government Roading Powers Act 1989 (GRPA).
Government Roading Powers Act
proactively close parts
This wil align NZTA’s powers with other Road Controlling Authorities.
1989
of the State Highway
1982
network to address
safety concerns
Pedestrian access to
The GRPA restricts pedestrian access to motorways. This proposal wil
Government Roading Powers Act
approved areas within
update GRPA provisions to clarify that pedestrians may use approved
1989
motorway corridors
areas and infrastructure (e.g. bus stops).
ACT
New offence and powers Drivers and owners of freight, vehicle recovery, and passenger service
Land Transport Act 1998
relating to Transport
vehicles are required to hold a TSL. The Land Transport Act 1998 (LTA)
Service Licences (TSL)
prohibits transferring, assigning, or leasing a TSL but there is no
corresponding offence. Propose to amend the LTA to: add an offence,
expand NZTA’s audit ability, extend power to suspend a TSL, and require
a fit/proper person check for a new person added to a TSL.
Simplify the Rule
This proposal wil remove duplicative consultation requirements in section Land Transport Act 1998
consultation process to 161(2)(c) of the LTA that are adequately covered in section 161(2)(b). The
remove duplication
Maritime Transport Act 1994 (MTA) and Land Transport Management Act
2003 (LTMA) wil be amended in the same way. This wil align transport
sector consultation practice with the Civil Aviation Act 2023.
Introducing emergency
Enable the Director of Land Transport to extend the term of any land
Land Transport Act 1998
powers for the Director
transport document when a state of national or local emergency has been
of Land Transport
declared, an Epidemic Notice is in force, or with the Minister of Transport’s
INFORMATION
agreement. It wil also introduce new powers for the Director of Land
Transport to: require any vehicle, or class of vehicle, to present for
RELEASED UNDER THE
inspection by a specified date, and be able to revoke the Certificate/
Warrant of Fitness of a class of vehicles on the grounds of not meeting
safety requirements.
Increase the maximum
This proposal wil raise the maximum fees and fines that can be made
Land Transport Act 1998
level of fines and
through regulations under section 167 of the LTA. Maximum penalties for
infringement fees that
an individual wil vary from $2,000 to $3,000 for infringement fees, and
from $10,000 to $15,000 for fines before a court order. This would require
OFFICIAL
13
I N C O N F I D E N C E
I N C O N F I D E N C E
can be set through
public consultation on proposed amounts for specific offences. (This is a
regulations
separate initiative to the Fees and Penalties work)
Amend a drafting error
A drafting oversight in the LTMA means NZTA cannot legally declare a
Land Transport Management Act
to enable NZTA to
new road it has constructed as a state highway. Proposal to amend the
2003
declare a road as being
definition of road in the LTMA to correct this, and to ensure the validity of
a state highway
State highway declarations and any enforcement activities.
Clarify the criteria and
The E-Scooters (Declaration not to be motor vehicles) Notice 2018 led to
Land Transport Act 1998
1982
consultation
complaints to the Regulations Review Commit ee about a lack of
requirements for when
transparency, and a lack of consultation by NZTA. Propose to amend the
NZTA can declare a
LTA to require that when NZTA declares a vehicle is not a motor vehicle,
vehicle to not be a motor they have regard to how the declaration wil contribute to a safe, inclusive
vehicle
and environmentally sustainable land transport system, enable NZTA to
ACT
apply conditions to the operation of and equipment required on devices
subject to a declaration, include devices up to 2000 watts and define
maximum power output. The NZTA must also conduct an appropriate level
of consultation prior to making a declaration.
Introduce reactive
Proposal to introduce new powers for NZTA to freeze a scene to preserve Railways Act 2005
investigation powers
and collect evidence, access sites to investigate or carry out verification
under the Railways Act
inspections, request materials to be supplied for examination, interview
2005
personnel involved in a safety occurrence and require identified failings to
be remediated by the rail participant.
Al owing rail safety case Al rail licence holders are required to have a safety system with an
Land Transport Act 11998
applications to be
overarching safety case approved by NZTA. A 20-working day limit applies
paused
to applications for safety case approval. This proposal wil amend the LTA
to introduce a ‘stop-the-clock’ provision when NZTA requires further
information from an applicant, either for a new application or a variation to
INFORMATION
a safety case.
RELEASED UNDER THE
Maritime Proposals
Proposal
Description
Relevant Legislation
Confer maritime safety
This proposal extends the functions, duties, responsibilities and powers of Maritime Transport Act 1994
powers on the Minister
a regional council relating to maritime safety under Part 3A the MTA to the
of Conservation in the
Minister of Conservation. This wil allow the Minister of Conservation to
OFFICIAL
14
I N C O N F I D E N C E
I N C O N F I D E N C E
Subantarctic and
manage maritime safety at the Islands, with access to a system of powers
Kermadec Islands
in line with the rest of New Zealand.
Update the definition of Under the MTA, amendments to an international convention to which New Maritime Transport Act 1994
a ‘convention’ in the
Zealand is a party are not defined as part of the convention. This proposal
MTA
wil amend the definition of ‘convention’ to incorporate subsequent
amendments. This wil avoid multiple Orders in Council being required to
recognise that amendments have been made.
1982
Clarifying the threshold Currently section 54A of the MTA requires the Director of Maritime New
Maritime Transport Act 1994
for starting an
Zealand (the Director) to have ‘reasonable grounds to believe’ non-
investigation of a
compliance with the requirements of a maritime document before initiating
ACT
maritime document
an investigation. ‘Belief’ implies a substantial level of evidence, which does
holder
not enable the Director to uncover covert breaches. This proposal wil
amend the threshold to ‘reasonable grounds to suspect’.
Provide certainty that
This proposal wil establish that the Director can investigate a maritime
Maritime Transport Act 1994
breaches of maritime
document holder under section 54A where there are reasonable grounds
document holders’
to suspect a breach of their general duties under section 17 of the MTA.
duties are grounds for
an investigation
Addressing an
The MLC is an International Labour Organization treaty that sets out
Maritime Transport Act 1994
inconsistency with the
minimum standards to address the welfare and employment conditions of
Maritime Labour
seafarers. The MLC came into force in New Zealand in 2017.
Convention 2006 (MLC)
in respect to prohibiting The MLC allows charges for placing seafarers in employment provided
charges for placing
charges are not borne directly or indirectly by the seafarer. Section 27 of
INFORMATION
seafarers in employment the MTA prohibits people providing seafarer recruitment and placement
services from charging for the service. This proposal wil align the MTA
RELEASED UNDER THE
with the MLC by removing the prohibition in section 27 of the MTA on
charging for seafarer recruitment and placement services.
Aligning seafarer
This proposal wil amend section 2 of the MTA to replace the definition of
Maritime Transport Act 1994
employment agreement ‘Articles of Agreement’ with the MLC definition of ‘seafarers’ employment
clauses with MLC
agreement’.
requirements
OFFICIAL
15
I N C O N F I D E N C E
I N C O N F I D E N C E
Align the MTA with the
Section 22(1)(d) of the MTA specifies that if requested by the seafarer, an Maritime Transport Act 1994
MLC requirement that a employer on a New Zealand ship on an overseas voyage must provide a
seafarer’s record of
certificate as to the quality of the seafarer’s work. This proposal wil repeal
employment need not
section 22(1)(d).
include any statement
as to the quality of their
work
1982
Aligning with the MLC
Section 26(3) of the MTA states that an employer may employ two persons Maritime Transport Act 1994
requirement to prohibit
under the age of 18 to take the place of a single trimmer or stoker, if
people younger than 16 reasonable steps have been taken to find someone 18 or over. Section
years old from working
26(4) allows the Director of Maritime NZ to approve the employment of a
on a ship and people
school-aged person to carry out work on a training ship. These two ACT
under 18 from
provisions wil be removed.
undertaking hazardous
work
Revising and
The MLC places a number of obligations on ‘shipowners’. The MTA does
Maritime Transport Act 1994
reorganising Part 3 of
not use this term and refers to ‘employers’. This proposal wil insert a
the MTA to align it with
definition of ‘shipowner’ into the MTA. Al references to ‘employers’ in Part
the MLC
3 of the MTA wil be changed to ‘shipowner’. Other changes to Part 3 to
reflect MLC obligations include shifting the duty to provide food and
drinking water from the employer to the shipowner; introducing a
requirement for documentary evidence of financial security for the
purposes of repatriation of seafarers to be set by maritime rules; and
prohibiting advanced payments to cover costs of repatriation of a seafarer.
Clarifying rule-making
This proposal wil amend the MTA to clarify that the scope of its rule-
Maritime Transport Act 1994
and compliance powers making powers extends to minimum requirements for seafarers to work on
INFORMATION
to support the
a ship; conditions of employment on a ship; repatriation of seafarers; and
implementation of MLC
the liability of shipowners to assist seafarers in the event of abandonment.
RELEASED UNDER THE
requirements
Amending the definition In section 2 of the MTA, the term ‘unit of account’ is used to represent an
Maritime Transport Act 1994
of unit of account
internationally defined value that can be used to calculate the limit of
liability or recompense for damage or loss. Currently, section 2 of the MTA
defines unit of account only with reference to Part 7 of the Act, when Parts
16, 25 and 26 are also relevant. This proposal seeks to make the definition
OFFICIAL
16
I N C O N F I D E N C E
I N C O N F I D E N C E
of, and calculations for, ‘units of account’ in the four parts of the MTA
consistent.
Bring floating
An FPSO is a vessel used in the offshore oil and gas industry for the
Maritime Transport Act 1994
production and storage production, processing and storage of oil. This proposal seeks to ensure
and offloading units
FPSOs contribute to the maritime regulatory system when they enter New
(FPSOs) within the
Zealand’s territorial waters (there are currently no FPSOs in New
maritime levy
Zealand’s territorial waters).
1982
Update the maximum
This proposal is to increase the maximum fines and infringement fees with Maritime Transport Act 1994
level of fines and
respect to Maritime Rules or navigation bylaws, and breaches of the
infringement fees that
marine protection rules. The new maximum penalties for individuals wil be
can be set through
$3000 for infringements and $15,000 for fines.
regulations in the MTA
ACT
Modernise the penalties This proposal would align the maximum financial penalties for MTA safety Maritime Transport Act 1994
for the safety offences in offences with the Health and Safety at Work Act 2015. This would enable
the MTA
foreign flagged and New Zealand ships and crew to be treated equally.
Amend the Maritime
This proposal is to update the maximum fines and fees in the Maritime
Maritime (Offences) Regulations
(Offences) Regulations
Regulations and the Marine Regulations for the first time since 1998, to
1998;
1998 (Maritime
add penalties where none currently exist, and to tidy up inconsistencies
Marine Protection (Offences)
Regulations) and the
created by changes to the Maritime Rules over time.
Regulations 1998
Marine Protection
(Offences) Regulations
1998 (Marine
Regulations)
Proposals agreed in 2022 that wil no longer be progressed
INFORMATION
Proposal
Description
Relevant Legislation
RELEASED UNDER THE
Remove Road
The LTA requires that fees charged by RCAs for reserved residential
Land Transport Act 1998
Controlling Authorities’ parking cannot exceed the reasonable cost of the service involved in
(RCAs) restrictions on
granting the permit. This proposal wil amend the current restriction to
cost recovery charging
require that the cost of residential parking be limited to a ‘reasonable’
for residential parking
amount.
OFFICIAL
17
I N C O N F I D E N C E
I N C O N F I D E N C E
Include Waka Kotahi in
This proposal wil replace ‘New Zealand Transport Agency’ in legislation
Across legislation
NZTA’s name in
with ‘Waka Kotahi New Zealand Transport Agency’
legislation
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
18
I N C O N F I D E N C E

Document 5
Neha Pawar
From:
Laura Bender
Sent:
Wednesday, 30 April 2025 2:00 pm
To:
HanLing Petredean; Abby McRoberts - parliament; Ministers Office
Cc:
Katrina Quickenden; Paul O'Connell
Subject:
ATTN HanLing: OC 250315 Land Transport Rules Reform Programme
Attachments:
OC250315 - Land Transport Rules Reform Programme - Briefing - Policy.pdf;
OC250315 - Land Transport Rules Reform Programme - Briefing - Policy.docx;
OC250315 Land Transport Rules Reform Programme - Cabinet Paper.pdf;
OC250315 Land Transport Rules Reform Programme - Cabinet Paper (1).docx
Kia ora HanLing,
Please see the attached cover briefing and draft Cabinet paper on the Land Transport Rules Reform
1982
Programme. The aim is to begin ministerial and departmental consultation on the 7th. Please let us
know if any questions.
Ngā mihi,
ACT
Laura
Laura Bender (she/her)
Kaitohutohu Mātāmua I Principal Adviser
Kaupapahere mō ngā take Whakarite I Regulatory Reform
Te Manatū Waka Ministry of Transport
M: s 9(2)(a)
E: [email address] | transport.govt.nz
INFORMATION
RELEASED UNDER THE
OFFICIAL
1

IN CONFIDENCE
Attachment 1
30 April 2025
OC250315
Hon Chris Bishop
Action required by:
Minister of Transport
Wednesday, 7 May 2025
DRAFT CABINET PAPER: LAND TRANSPORT RULES REFORM PROGRAMME
Purpose
1982
This briefing:
• Provides you with a draft Cabinet paper on your land transport rules reform programme, and
seeks your agreement to proceed with agency and ministerial consultation (
Annex One)
ACT
• Summarises initial feedback on the work programme from sector stakeholders (
Annex Two)
• Flags minor shifts in the grouping and timing of the workstreams since previous advice
(
Annex Three)
• Sets out next steps.
Key points
•
We have attached a draft Cabinet paper outlining your land transport rules reform
programme, and seeking Cabinet’s agreement for you to approve consultation materials for a
range of workstreams over the next 18 months (
Annex One).
INFORMATION
•
Fol owing your agreement (see OC250164) we have sought input on the work programme
RELEASED UNDER THE
from key sector stakeholder groups. We have heard from four so far, who are broadly
supportive, with some suggestions. Input so far is summarised in
Annex Two. We have
extended the feedback period for the Motor Industry Association, and expect feedback soon.
•
There have been some minor shifts to our proposed approach and timing from when you
were last briefed on the work programme (see OC250164) –
Annex Three outlines the
differences and their reasons.
OFFICIAL
•
To take the paper to Cabinet in June, the
next steps are:
o Ministerial and departmental consultation: 7-21 May 2025
o Lodge paper: 29 May 2025
o ECO: 4 June 2025.
IN CONFIDENCE
Page
1 of
2
IN CONFIDENCE
Recommendations
We recommend you:
1
provide any feedback on the draft Cabinet paper to officials
2
agree to begin ministerial and agency consultation on 7 May 2025
Yes / No
3
refer this briefing and the draft Cabinet paper to the Associate Minister of Transport
Yes / No
Paul O’Connel
Hon Chris Bishop
Deputy Chief Executive Sector Strategy
Minister of Transport
1982
Ministry of Transport
..... / ...... / ......
..... / ...... / ......
Minister’s office to complete:
Approved
Declined
ACT
Seen by Minister
Not seen by Minister
Overtaken by events
Comments
INFORMATION
RELEASED UNDER THE
OFFICIAL
Contacts
Name
Telephone
First contact
Katrina Quickenden, Manager, Regulatory Reform (MOT)
s 9(2)(a)
Laura Bender, Principal Adviser, Regulatory Reform (MOT)
IN CONFIDENCE
Page
2 of
2
I N C O N F I D E N C E
Attachment 2
In Confidence
Office of the Minister of Transport
Cabinet Economic Policy Committee
Proposal
1
This paper seeks agreement to:
a programme of work to reform land transport rules
1982
give authority to approve consultation for each rule to the Minister of Transport.
Relation to government priorities
ACT
2
This delivers on commitments in the Government Policy Statement on Land Transport
2024 and the Road Safety Objectives document to:
review the vehicle regulatory system to improve safety, reduce regulatory burden,
and ensure our domestic rules are fit for purpose
investigate our warrant of fitness system to more effectively and efficiently target
risk
investigate new safety requirements for vehicles entering the fleet.
Executive Summary
INFORMATION
3
The Ministry of Transport and New Zealand Transport Agency (NZTA) are
RELEASED UNDER THE
undertaking a review of land transport rules (rules) to reduce compliance costs and
regulatory burden.
4
There are seven workstreams being progressed as a rolling series of consultation and
rule changes over the next 18 months:
1. Reducing the frequency of vintage/veteran and privately-owned heavy motorhome
OFFICIAL
Warrant of Fitness (WOF) and Certificate of Fitness (COF) inspections (public
consultation complete)
2. Considering additional safety requirements for vehicle imports (delegated to the
Associate Minister of Transport)
3. Reviewing WOF/COF frequency and inspection requirements for light vehicles
1
I N C O N F I D E N C E
I N C O N F I D E N C E
4. Simplifying heavy vehicle driver licencing, weight thresholds, and freight
permitting
5. Enabling a digital driver licence, digital documents, and e-servicing
6. Improving lane use and use of traffic control devices, and minor system
improvements
7. Overhauling the vehicle regulatory system.
5
Consultation has already occurred on Workstream 1 (vintage and motorhome
WOFs/COFs). For Workstream 2 (Considering additional safety requirements) the
Associate Minister of Transport will bring any proposals for public consultation to
Cabinet for agreement.
1982
6
To enable the remaining rule reforms to progress efficiently, I seek delegation from
Cabinet for the Minister of Transport to approve the consultation materials for the
remaining changes as they are drafted over the next 18 months (rather than returning
to Cabinet for approval each time). They would need to be broadly consistent with the
ACT
policy direction set out in this paper. If, following consultation, I intend to make
changes that are significant or controversial, I will bring those proposals to Cabinet
for agreement.
Background
7
The Government Policy Statement on land transport (GPS) includes a commitment to
review the vehicle regulatory system to enable better management of the safety
performance of the vehicle fleet, reduce regulatory burden, and ensure our domestic
rules are fit for purpose.
8
In the current land transport regulatory system, updating rules and other system
settings is time consuming and complex. This leads to a system that is slow to adapt to
INFORMATION
changing technology, a substantial administrative burden to keep rules up to date or
operate under out-of-date rules, and frustration and uncertainty among stakeholders.
RELEASED UNDER THE
9
To address this, I have developed a work programme with the following objectives:
Improve consumer choice in the vehicle market: for example, through reducing
unnecessary vehicle import requirements
OFFICIAL
Reduce regulatory compliance costs: for example, by removing unnecessary
WOF and COF inspections and increasing inspection effectiveness/efficiency
Digitise and modernise government services: for example, enabling digital
alternatives to stickers for WOF/COF inspections and a digital driver licence
Increase freight productivity: for example, by enabling larger trucks on certain
routes without needing to seek permits
2
I N C O N F I D E N C E
I N C O N F I D E N C E
Improve the safety and quality of our vehicle fleet over time: for example, by
considering mandating certain safety features in new vehicle imports.
10
The work programme has been informed by engagement by the Ministry of Transport
and NZTA with a range of vehicle sector stakeholders to better understand the
transport sector’s concerns and priorities for reform. Stakeholder feedback on the
programme so far has been broadly supportive.
11
Annex One maps my objectives and workstreams to existing problems and
opportunities.
I seek agreement to progress five workstreams to possible public consultation
12
The Minister of Transport may amend rules, generally following public consultation. I
seek delegation of authority to approve consultation material on Workstreams 3-7.
1982
This is on the basis that:
Most of the topics have general support or are uncontentious (with exceptions
noted in the section below on Workstream 3 – paragraph 17) ACT
This paper outlines the general policy direction of this work for Cabinet’s
consideration
Regulatory impact analysis requirements will be met for each workstream.
13
If, following consultation, I intend to make changes that are significant or
controversial, I will bring those proposals to Cabinet for further discussion.
14
Consultation has already occurred on reducing the frequency of vintage/veteran and
privately-owned heavy motorhome WOF and COF inspections (Workstream 1), with
98% of submitters supporting the changes for vintage/veteran vehicles and 89%
supporting the proposals for privately-owned heavy motorhomes. I expect further
INFORMATION
advice on the rule change in June 2025.
RELEASED UNDER THE
15
I have delegated the workstream on considering additional safety requirements
(Workstream 2) to the Associate Minister of Transport, who will bring any proposals
for public consultation to Cabinet for your agreement.
16
The sections below outline the high-level policy direction for each of the remaining
workstreams (3-7). A more detailed table of the scope and timeframes for each
OFFICIAL
workstream is included in Annex Two.
Workstream 3: Reviewing WOF/COF frequency and inspection requirements for light
vehicles
17
New Zealand’s vehicle inspection system is not as effectively targeted to risk as it
could be. We check some things too often and other high-risk issues insufficiently or
not at all. New Zealand has one of the most rigorous inspection programmes in the
3
I N C O N F I D E N C E
I N C O N F I D E N C E
world, and it is not clear if this is delivering sufficient safety benefits to justify the
costs imposed. Reviewing inspection frequency while improving testing could make
the system more fit-for-purpose and lower some compliance costs.
18
Building on the strong support for reducing WOF/COF frequency for vintage/veteran
vehicles and privately-owned heavy motorhomes, it is timely to review the WOF/COF
settings for all other light vehicles. This includes personal cars and motorbikes as well
as light commercial vehicles like taxis and rental cars.
19
Any proposal to reduce WOF/COF frequency is likely to be contentious with the
vehicle inspection industry, and other stakeholders concerned about safety, as was
experienced during consultation on the current requirements (set in 2014). Subsequent
NZTA monitoring of the previous changes has shown a small but statistically
significant increase in deaths and serious injuries where vehicle faults were recorded
as a contributing factor.
1982
20
This previous experience highlights that the key will be striking a balance between
reducing cost and inconvenience for vehicle owners and ensuring road safety. It may
also be possible to somewhat mitigate the risk of negative effects on safety by
ACT
improving the effectiveness of inspections and better targeting them to risk.
Workstream 4: Simplifying heavy vehicle driver licencing, weight thresholds, and freight
permitting
21
I aim to remove unnecessary heavy vehicle driver licence classes, reduce wait times
and make it easier for commercial drivers to progress through licensing classes, as
well as simplify and remove some technical requirements.
22
This workstream also looks to enable Class 1 licence holders to drive heavier vehicles
without requiring a Class 2 licence. This reflects that the risk of those slightly heavier
vehicles has been offset by advances in vehicle technology like antilock braking
INFORMATION
systems, electronic stability control and trailer sway control. Changes to these settings
could also better enable low/zero-emission heavy vehicles.
RELEASED UNDER THE
23
We have a prescriptive and overly burdensome approach to regulating heavy and
special vehicles. This particularly relates to the permitting of heavy trucks, which may
be able to be removed entirely. There are numerous rules that deliver little benefit to
the public and impose an unnecessary cost on the sector. This includes ‘H plates’ on
certain heavy vehicles, which notify the public that a vehicle exceeds a set mass and
dimensions.
OFFICIAL
24
My work programme also includes a review of the Vehicle Dimension and Mass
Rule, which sets dimension and mass limits to enable vehicles, in particular, heavy
truck and trailer combinations, to be operated safely on New Zealand’s roads.
However, the complexity of assessing the road maintenance issues associated with
greater vehicle weights and alternative configurations means that significant research
is required to understand the costs and benefits of any changes and inform policy
4
I N C O N F I D E N C E
I N C O N F I D E N C E
decisions. For this reason, I do not anticipate public consultation within the 18-month
timeframe that is the focus of this paper.
Workstream 5: Enabling a digital driver licence, digital documents, and e-servicing
25
Too much of our transport regulatory system relies on physical mail, stickers,
licences, and other paperwork. This is unnecessary, inconvenient for the public, and a
significant cost to businesses. I have heard from some companies that they receive up
to 150 letters a day from government, with each one needing to be physically signed,
witnessed, and sent back.
26
The Associate Minister of Transport is already progressing primary legislative change
to enable a digital driver licence and better e-servicing (CAB-25-MIN-0086 refers). In
tandem, I will progress changes to rules and regulations to enable greater
modernisation of government services.
1982
27
These changes are likely to receive widespread support from the public and sector
stakeholders.
ACT
Workstream 6: Improving lane use and use of traffic control devices, and minor system
improvements
28
The previous government consulted on various changes to path and lane use. We are
supportive of consulting on a small number of these proposals, including:
Enabling e-scooters to be ridden in bike lanes (currently they can only legally be
ridden on footpaths and roads)
Enabling children to ride bicycles on footpaths, which can have positive safety
outcomes
INFORMATION
Requiring drivers to give way to buses exiting bus stops.
RELEASED UNDER THE
29
There is also a range of minor options being explored by the Ministry of Transport
and NZTA to improve the way our transport system operates. This includes
improvements to regulating traffic control devices (e.g. road signs and markings).
Workstream 7: Overhauling the vehicle regulatory system
30
There is a longer-term piece of work to overhaul the regulatory system, with a
OFFICIAL
particular focus on entry requirements. New Zealand is a taker of vehicles and vehicle
technology with limited influence over the vehicle manufacturing market. We
generally seek to align our regulation with other jurisdictions. However, our
regulations have not kept up with changes in the international automotive industry,
and are overly prescriptive and slow to update.
31
We will look to reduce complexity by considering how to harmonise our regulations
with other jurisdictions, for example by using the same paperwork as they do (type
5
I N C O N F I D E N C E
I N C O N F I D E N C E
approval). This could have a large impact over time by reducing compliance costs and
making it easier to import new vehicle types. This could improve consumer choice
and freight productivity.
32
This is a longer-term programme than the other workstreams listed here, but I plan to
consult on broad options in May 2026.
Implementation
33
This paper proposes staged consultation on a range of possible regulatory changes.
The implementation timeframes for the possible changes will be determined following
public consultation. Some of the changes may require substantial implementation
programmes, system changes, and associated funding decisions, which I would
discuss with Cabinet when seeking agreement to final proposals.
1982
Cost-of-living Implications
34
Any cost-of-living implications of the various possible changes will be considered
through the regulatory impact assessment process.
ACT
Financial Implications
35
Any financial implications of the various possible changes will be considered through
the regulatory impact assessment process and as part of final decisions on progressing
any changes to rules.
Legislative Implications
36
Each of the proposals will require amendments to land transport rules (secondary
legislation). There may also be amendments to land transport regulations if new
offences and penalties are required. The legislative implications of the workstream on
INFORMATION
overhauling the vehicle regulatory system will depend on the scope and approach for
that work, which are still being developed.
RELEASED UNDER THE
37
While the main focus is on rules changes, it is possible that the work programme will
eventually also lead to changes to primary legislation that would bind the Crown.
Impact Analysis
OFFICIAL
Regulatory Impact Statement
38
The proposals will require regulatory impact analysis or exemptions prior to
consultation. This analysis will be provided to me prior to the approval of consultation
documents, and must meet or partially meet requirements for consultation to proceed.
This proposed approach has been agreed with the Ministry for Regulation.
6
I N C O N F I D E N C E
I N C O N F I D E N C E
Climate Implications of Policy Assessment
39
Any climate change implications of the various possible changes will be considered
through the regulatory impact assessment process.
Population Implications
40
Any population implications of the various possible changes will be considered
through the regulatory impact assessment process.
Human Rights
41
Any human rights implications of the various possible changes will be considered
through the regulatory impact assessment process.
1982
Use of external Resources
42
No external resources were used in policy development of the proposals.
ACT
Consultation
43
The Ministry of Transport and NZTA sought input from a range of stakeholder
groups, and received general support for the work programme from the following:
National Road Carriers Association (NRC)
Heavy Haulage Association
Imported Motor Vehicle Association (VIA)
Ia Ara Transporting New Zealand (TNZ).
INFORMATION
44
TNZ and the Heavy Haulage Association also provided detailed feedback about the
scope and timing of specific work programme items.
RELEASED UNDER THE
45
[To update following departmental consultation]
Communications
46
I will announce the high-level programme of work in a press release in June 2025.
OFFICIAL
Proactive Release
47
I will proactively release this paper within the standard 30-day period following
Cabinet Decisions.
7
I N C O N F I D E N C E
I N C O N F I D E N C E
Recommendations
The Minister of Transport recommends that the Committee:
48
agree to the direction for the land transport rules reform programme laid out in this
paper.
49
note that consultation has already occurred on reducing the frequency of
vintage/veteran and privately-owned heavy motorhome Warrant of Fitness and
Certificate of Fitness inspections.
50
note that the Associate Minister of Transport will bring any proposals for public
consultation on additional safety requirements for imported vehicles to Cabinet for
your agreement.
51
authorise the Minister of Transport to approve, provided they are broadly consistent
1982
with the policy direction set out in this paper and its annexes, materials for public
consultation on:
51.1 Reviewing Warrant of Fitness and Certificate of Fitness frequency and
ACT
inspection requirements for light vehicles (other than vintage/veteran
vehicles);
51.2 Simplifying heavy vehicle driver licencing, weight thresholds, and freight
permitting, including:
51.3 Enabling the use of digital driver licences, digital documents, and e-servicing
(in line with changes agreed by Cabinet in CAB-25-MIN-0086);
51.4 Improving lane use and use of traffic control devices, and minor system
improvements (previously consulted on as per DEV-19-MIN-0097); and
51.5 Overhauling the vehicle regulatory system.
INFORMATION
RELEASED UNDER THE
Once the Minister has approved the draft Cabinet paper for lodgement for Cabinet or a
Cabinet committee, this section should be updated to state ‘Authorised for lodgement’.
OFFICIAL
Hon Chris Bishop
Minister of Transport
8
I N C O N F I D E N C E
I N C O N F I D E N C E
Annex One – Land transport regulatory system problems, objectives and workstreams
Problems and opportunities:
Objectives:
Workstreams:
1) Reducing the
3) Reviewing WOF/
6) Improving lane use
Unneccessary costs for
Reduce regulatory
frequency of vintage
COF frequency and
and use of traffic
users and the sector
compliance costs
and motorhome
inspection
control devices, and
WOFs/COFs
requirements for light minor system
1982
Regulation not always
vehicles
improvements
targeting the right things
4) Simplifying heavy
Inhibits freight
Increase freight
and special vehicle
productivity
productivity
driver licencing,
ACT
weight thresholds,
and freight permitting
2) Considering further
Barriers to new and
Import req'ts fal ing
Improve the safety and
safety requirements
emerging technology
behind int'l standards,
quality of our vehicle
for vehicle imports
(eg heavy EVs)
trade obligations
fleet
7) Overhauling the
Inhibits access to
Improve consumer
vehicle regulatory
affordable, low-
choice in the vehicle
system
emissions vehicles
market
A more adaptable and
INFORMATION
System is old and hard to
Effort wasted managing
enabling regulatory
change
by exception
system
RELEASED UNDER THE
5) Enabling a digital
Services not always
driver licence, digital
easy for users to
Digitise and modernise
documents, and e-
access/use
government services
servicing
OFFICIAL
I N C O N F I D E N C E
I N C O N F I D E N C E
Annex Two – Scope and timing for each workstream
The diagram below summarises each workstream and outlines the time between when consultation starts, and the rule is in place for each change.
Apr – Jun 2025
Jul – Sep 2025
Oct – Dec 2025
Jan – Mar 2026
Apr – Jun 2026
1) Reducing vintage/motorhome WOF/COF
2) Considering further safety requirements for imports (tentative timeframes – TBC)
3) Reviewing WOF/COF inspection requirements and frequency
4a) Freight permitting
4b) Licence weight thresholds
5) Enabling a digital driver licence, digital documents, and e-servicing
6) Improving lane use and use of traffic control devices
7)Overhauling the system
1982
Workstream
Included in scope
Expected timeframe
1) Reducing the frequency of vintage
Reduce the frequency of WOF inspections for vintage light vehicles from 6 months to 1 year
Consultation is complete
and motorhome WOF and COF
Reduce the frequency of COF inspections for private heavy motorhomes from 6 months to 1 year
Rule change in August 2025
inspections
2) Considering further safety
Consider mandating additional safety features in vehicle imports, including possible phased introduction
Tentative timeframes (TBC): Consultation in
ACT
requirements for vehicle imports
October 2025; Rule change in May 2026
3) Reviewing WOF/COF frequency and
Review the frequency of light vehicle WOF inspections
Consultation in October 2025
inspection requirements for other light
Review the scope of light vehicle WOF inspections
Rule change in May 2026
vehicles
Review the frequency of light passenger vehicle (taxi and car rental agency) COF inspections
Consider transitioning light commercial vehicle COF inspections to (lower-cost) WOF inspections, and other COF weight threshold issues
4) Simplifying heavy vehicle driver
Reform permitting requirements for 50MAX trucks
(Some changes previously consulted on, per
licencing, weight thresholds, and
Review requirement to display H plates
DEV-19-MIN-0009)
freight permitting
Review restrictions on overweight and over-dimension vehicle movements
Consultation in October 2025 (freight
Review and consider adjusting weight thresholds for Class 1 and Class 2 licences
permitting) and Feb 2026 (weight thresholds)
Consider licence class adjustments where the Director of Land Transport has issued an exemption
Improve the heavy vehicle driver licensing pathway for immigrants
Rule changes May 2026, June 2026
Simplify heavy vehicle driver licencing, including:
Possible consultation on heavy and special
o Simplifying the progression from Class 2-5 licences
vehicle driver licencing TBC
o Reviewing the Accelerated Licensing Process
o Reviewing the requirements for special-type vehicle endorsements
o Standardising speed thresholds for tractors and special-type vehicles
o Simplifying the rules for tractors that can be driven on a Class 1 licence
o Considering automatic renewal of general licences for some endorsement holders.
INFORMATION
5) Enabling a digital driver licence,
Enable a digital driver licence as an alternative to a physical licence
Consultation in February 2026
digital documents, and e-servicing
Enable WOF/COF/Rego stickers to be tied to licence plate recognition
Rule change in June 2026
Better enable NZTA to collect, store, and electronically transmit regulatory notices
RELEASED UNDER THE
Enable online theory tests and digital temporary licences
Simplify identification requirements for NZTA customers
6) Improving lane use and use of traffic
Enable e-scooters to use cycle lanes and children to ride bikes on footpaths
(Some changes previously consulted on. per
control devices, and minor system
Minimum overtaking gap for passing cyclists, horse riders, etc.
DEV-19-MIN-0097)
improvements
Require vehicles to give way to busses exiting bus stops
Consultation in February 2026
Various updates to traffic control devices and minor/technical changes
Rule change in June 2026
7) Overhauling the vehicle regulatory
Simplify and refocus import requirements e.g. automatic recognition of overseas standards
Consultation on options in May 2026
system
Explore adoption of type approval
Rule change TBC in 2027
OFFICIAL
Systematic review and overhaul of the vehicle regulatory system to make it more adaptable, e.g. to new technologies
Note the proposed consultation would be on initial, high-level options, rather than a specific proposal and draft rule
I N C O N F I D E N C E
IN CONFIDENCE
ANNEX TWO – SUMMARY OF STAKEHOLDER FEEDBACK TO DATE
The table below summarises feedback received from stakeholder groups so far on the proposed work
programme. See briefing OC250164 for the engagement materials that were shared, following your
agreement.
Organisation
Who they
Feedback
MoT response
represent
National Road
Trucking
• No issues
Carriers
operators
Association
• Pleased to see some momentum
(NRC)
1982
Heavy Haulage
Oversize
• Appreciate the issues from the
Working through the
Association
(overweight or
oversize freight sector that have
detailed feedback with
over
been taken onboard
NZTA, and wil meet with
dimension)
Heavy Haulage to discuss
ACT
transport
• Some detailed/specific feedback
further
industry
on scope of items relating to
oversize transport
Imported Motor Used vehicle
• Appreciate the early engagement
Vehicle
importers and
Association
inspection
• Look forward to the work on
(VIA)
agencies
overhauling the system and
import requirements
Ia Ara
Road freight
• Agree with the approach to
Working through the
Transporting
operators
organising reforms into focus
detailed feedback with
New Zealand
areas
NZTA
(TNZ)
• Broad support for the proposals in Wil clarify to TNZ that,
principle
while the VDAM work is
INFORMATIONgetting underway, its
• Suggested expanding the scope of complexity and the need
RELEASED UNDER THE
several items
for significant research
• Highlighted reform to the Vehicle
mean it is a longer-term
Dimension and Mass (VDAM) Rule workstream than some of
as likely to have the greatest
the more straightforward
productivity benefits, and
changes
recommended bringing timelines
forward
OFFICIAL
IN CONFIDENCE
Page
1 of
1
IN CONFIDENCE
ANNEX THREE – MINOR SHIFTS IN APPROACH AND TIMING
The table below shows what has changed since briefing OC250164
Land Transport Rules Reform
Programme and Engagement Details. These changes are reflected in the draft Cabinet paper.
Briefing OC250164
Draft Cabinet paper
Reason for difference
Proposes joint Cabinet paper with Cabinet paper from you alone:
Fol owing initial feedback from
Minister Meager seeking:
Minister Meager this workstream
• seeking the ability for you to
• agreement to consult on
approve future consultation is taking a more open-ended
mandating safety features
documents
approach to consultation, and is
(Minister Meager)
considering aligning with other
• signal ing that Min Meager
public consultation planned for
1982
• the ability for you to
wil bring a separate paper
later in the year
approve future consultation
to Cabinet on consultation
documents
on mandating safety
features
ACT
Proposes taking the paper to
Paper to be lodged in May, for
ECO does not meet in the last
Cabinet in May
ECO on 4 June
week of May
Avoids compressing timeframes
for departmental and ministerial
consultation
Separate workstreams and public One workstream for simplifying
Minimises duplication and
consultations on:
heavy vehicle licences, weight
complexity
thresholds, and freight permitting,
• Heavy/special vehicle
licence settings
with two staged rounds of
consultation
• Freight permitting
• Licence weight thresholds
INFORMATION
Separate workstreams and public One workstream and consultation Minimises duplication and
consultations on:
round for enabling a digital driver complexity
RELEASED UNDER THE
licence, digital notices, and e-
• Digital driver licence rule
You decided not to include the
change
servicing
digital driver licence in
consultation on Graduated Driver
• Digitisation and e-servicing
Licencing System changes, so this
primary legislation
wil be folded into later
• Digital notices and e-
consultation
servicing rule change
OFFICIAL
Minor system improvements were This workstream has been joined
The changes are minor and do not
included as a separate
into the workstream on improving require a separate item
workstream
lane use and use of traffic control
devices
IN CONFIDENCE
Page
1 of
1

IN CONFIDENCE
Document 6
14 May 2025
OC250333
Hon James Meager
Action required by:
Associate Minister of Transport
Monday, 19 May 2025
INTRODUCING THE REGULATORY SYSTEMS (TRANSPORT) AMENDMENT BILL
Purpose
1982
Seeks your agreement to finalise and release the draft Regulatory Systems (Transport) Amendment
Bill (the Bill), Cabinet paper and Departmental Disclosure Statement for parallel Ministerial and
Departmental consultation. This will allow for lodgement on 5 June 2025 and Cabinet Business
ACT
Committee (CBC) consideration on 9 June 2025.
Key points
•
We seek your approval to release the draft Bill, Cabinet paper and Departmental Disclosure
Statement for parallel Ministerial and Departmental consultation.
•
We propose this consultation runs in tandem between 22 – 29 May 2025, to allow for
lodgement on 5 June and Cabinet Business Committee (CBC) consideration on 9 June 2025.
•
The Bill reflects the decisions endorsed by Cabinet on 31 March 2025 (CAB-25-MIN-0086
refers), however, we seek your approval to remove the proposal to
“revise and reorganise
Part 3 of the Maritime Transport Act 1994 to align it with requirements set under the
INFORMATION
Maritime Labour Convention 2006” from the Bill. Further analysis is required to determine if
RELEASED UNDER THE
this proposal may result in unintended consequences, for example, regarding the rights and
obligations of masters on ships.
•
The Clean Vehicle Standard proposals and amendments to a numbering error in the Civil
Aviation Act 2023 are time-critical and drive the Bill’s timeline, to be in force by the end of
the year to deliver as the Government has committed. If any proposals are found to be
contentious by the Business Committee, you intend to separate these proposals from the Bill,
OFFICIAL
so that the time-critical proposals can progress without delay.
IN CONFIDENCE
Page
1 of
7

IN CONFIDENCE
Recommendations
We recommend you:
1
agree to release the draft Bill, Cabinet paper and Departmental Disclosure Statement for
Yes / No
parallel Ministerial and Departmental consultation, to allow for lodgement on 5 June 2025
and Cabinet Business Committee (CBC) consideration on 9 June 2025.
2
agree to remove the proposal to ‘revise and reorganise Part 3 of the Maritime Transport
Yes / No
Act 1994 to align it with requirements set under the Maritime Labour Convention 2006’.
3
agree to seek Cabinet’s endorsement for technical decisions you have made under your
delegated authorisation (reflected in the draft Cabinet paper).
Yes / No
4
agree to send the letter in Annex 4 to the Business Committee Chair, seeking the Business
Committee’s approval to introduce the Bill, following Cabinet approval.
1982Yes / No
5
note to Cabinet your intention to remove proposals that the Business Committee consider
contentious from the Bill, s 9(2)(f)(iv)
Yes / No
ACT
6
note that once Departmental and Ministerial consultation has concluded, we will provide
you with revised copies of the Cabinet paper, the draft Bill and supporting materials
Yes / No
ahead of lodgement on 5 June, including talking points and questions and answers to
support you at CBC on 9 June.
Paul O’Connell
Hon James Meager
INFORMATION
Deputy Chief Executive, Sector Strategy
Associate Minister of Transport
RELEASED UNDER THE
14/05/2025
..... / ...... / ......
Minister’s office to complete:
Approved
Declined
Seen by Minister
Not seen by Minister
Overtaken by events
OFFICIAL
Comments
IN CONFIDENCE
Page
2 of
7
IN CONFIDENCE
Contacts
Name
Telephone
First contact
Sarah Godwin, Senior Policy Advisor, Regulatory Reform
s 9(2)(a)
Katrina Quickenden, Manager Regulatory Reform
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
IN CONFIDENCE
Page
3 of
7
IN CONFIDENCE
INTRODUCING THE REGULATORY SYSTEMS (TRANSPORT) AMENDMENT BILL
1
You are progressing the Regulatory Systems (Transport) Amendment Bill (Bill) s 9(2)(f)(iv)
2
We are still in the process of finalising the draft Bill with the Parliamentary Counsel Office
ahead of Ministerial and Departmental consultation. The Bill will be made available to you
from the start of this consultation period (22 May).
Timeframes for the Bill are tight s 9(2)(f)(iv)
3
There are two time-critical proposals driving the timeframes of the Bill:
•
1982
The Clean Vehicle Standard needs be in force by the end of the year to deliver as we
have committed.
•
Amendments to a numbering error in the Civil Aviation Act 2023 need to be made as
ACT
soon as possible, to ensure that airport operators can carry out important
operational functions like cost recovery of fees.
4
Table 1 below provides the timeline required to have the Bill considered by CBC on 9 June
s 9(2)(f)(iv)
. We recommend the Bill goes to CBC as due to recess, the
next possible Cabinet Legislation Committee (LEG) is not scheduled until 26 June.
Table 1. Proposed timeframes for the Regulatory Systems (Transport) Amendment Bill
Milestone
Timeframe
Departmental and Ministerial consultation
22 – 29 May 2025
Following consultation, officials to provide
3 June 2025
you with revised Cabinet paper, Bill and
supporting materials.
INFORMATION
Lodgement
5 June 2025
Cabinet Business Committee (CBC)
9 June 2025
RELEASED UNDER THE
Cabinet
16 June 2025
Business Committee
Post Cabinet consideration
Introduction of the Bill
Late June 2025
Select Committee
Late June – Late October 2025 (4 months)
s 9(2)(f)(iv)
OFFICIAL
Drafting timeframes (Legally Privileged)
s 9(2)(h)
5
IN CONFIDENCE
Page
4 of
7
IN CONFIDENCE
s 9(2)(h)
6
7
8
1982
We seek your agreement to release materials for Ministerial and Departmental
ACT
consultation
9
We seek your agreement to initiate Departmental and Ministerial consultation on the draft
Bill and Cabinet paper. We propose that Departmental and Ministerial consultation runs in
tandem, from Thursday 22 May – Thursday 29 May.
10
We do not anticipate significant feedback from consultation, as there has been general
comfort amongst agencies through previous consultation on the policy proposals in the Bill.
11
Once Departmental and Ministerial consultation has concluded, we will provide you with
revised copies of the Cabinet paper, the draft Bill and supporting materials ahead of
lodgement on 5 June, including talking points and questions and answers to support you at
CBC on 9 June.
INFORMATION
Introduction of the Bill is subject to cross-party support from the Business Committee
RELEASED UNDER THE
12
A draft letter addressed to the Chair of the Business Committee, seeking that the Bill be
introduced, is attached for your consideration (see annex 4). We recommend that you send
this letter to the Chair of the Business Committee promptly after Cabinet has agreed to
introduce the Bill.
OFFICIAL
13
We recommend attaching the final Cabinet paper, Departmental Disclosure Statement and
the Bill to this letter, as a package of supporting information for the Chair to provide to the
Business Committee.
Some proposals in the Bill may be considered contentious by the Business Committee
14
Introduction of the Bill is subject to cross-party support from the Business Committee. As
previously advised, there are some proposals in the Bill that may be considered contentious
IN CONFIDENCE
Page
5 of
7
link to page 127
IN CONFIDENCE
by the Business Committee (OC250209 refers). This includes the proposal to remove public
transport principles, proposals to digitise licences and labels and some of the proposed
adjustments to the Clean Vehicle Standard, which have been outlined in the Cabinet paper.
15
If any proposals are proven to be contentious by the Business Committee, you intend to
carve these proposals out of the Bill so that time-critical proposals can progress without
delay. If this occurs, we will provide you with advice on options and next steps for separated
proposals.
We recommend that the Bill goes through a four-month Select Committee process
16
Subject to agreement of the Business Committee and Introduction in June, we recommend
that the Bill goes through a four month Select Committee process and is referred to the
Transport and Infrastructure Select Committee.
1982
17
This would mean Select Committee consideration takes place from late-June to late-October,
which should allow adequate time for the Bill to be appropriately considered and leave
sufficient time for s 9(2)(f)(iv)
ACT
We seek your agreement an additional minor amendment to the Bill and to inform Cabinet
of your decisions
18
On 31 March 2025, Cabinet granted you the authorisation to make additional policy decisions
that are consistent with the overall policy intent, subject to Cabinet’s confirmation (CAB-25-
MIN-0086 refers).
Remove the proposal to ‘revise and reorganise Part 3 of the Maritime Transport Act 1994 (MTA) to
align it with the Maritime Labour Convention 2006 (MLC)’ from the Bill
19
Through the drafting process, the proposal to
‘revise and reorganise Part 3 of the Maritime
Transport Act 1994 (MTA) to align it with the Maritime Labour Convention 2006 (MLC)1’ is no
INFORMATION
longer required and we seek your agreement to remove this proposal from the Bill.
RELEASED UNDER THE
20
Officials have identified that revising and reorganising Part 3 of the MTA may result in
unintended consequences, for example, regarding the rights and obligations of masters on
ships. The Ministry and Maritime New Zealand need to do further work which cannot be
completed in the necessary timeframes for the Bill, to understand the potential
consequences of this proposal.
OFFICIAL
21
We do not consider removing this proposal from the Bill to be of significance as:
•
Other New Zealand legislation (for example, the Health and Safety at Work Act 2015,
and Employment Relations Act 2000) has protections which in practice, provide
protections to New Zealand seafarers which already address some of the matters
that the MLC aims to address.
1 The MLC is an International Labour Organisation treaty that sets out minimum standards to address the
welfare and employment conditions of seafarers.
IN CONFIDENCE
Page
6 of
7
IN CONFIDENCE
•
The Bill includes other proposals to align our domestic legislation with the MLC.
22
Subject to your agreement, text
has been included in draft Cabinet paper, updating Cabinet
on your decision to remove this proposal.
Include provisions to revoke four redundant Infringement Fees for Offences Regulations made under
section 699A of the Local Government Act (LGA) 1974
23
You were advised on 12 February 2025 (OC250101 refers) and agreed to several minor
maritime proposals to be included in the Bill, including to
‘revoke four redundant
Infringement Fees for Offences Regulations made under s699A of the LGA 1974,
24
Infringement Fees for Offences Regulations create infringement offences for Regional or
District Councils’ navigation bylaws. Four Regional and District Councils (Wellington,
Canterbury, Marlborough and Taranaki) have updated their navigation bylaws since their
corresponding Regulations were made. The previous navigation bylaws, to which each of the
1982
Infringement Fees for Offences Regulations relate, are no longer in force and are redundant.
25
This proposal was left off the appendix table that Cabinet endorsed on 31 March 2025. We
recommend that you seek Cabinet’s confirmation for this decision. ACT
Timing of changes to regulations - Amendments to Maritime (Offences) Regulations 1998 and the
Marine Protection (Offences) Regulations 1998
26
The proposed changes to these Regulations are dependent on the amendments to the MTA
in the Bill to update the maximum level of fines and infringement fees that can be set
through regulations.
27
Since amendment regulations are made by the Governor General on the advice of the
Minister, these changes can be progressed as a separate exercise following or alongside the
relevant amendments to the MTA in the Bill.
28
Updated policy analysis is required for the necessary changes to the Regulations, which
INFORMATION
officials will need to advise you on. We recommend you update Cabinet that officials will
brief you separately on the timeframe and process for progressing changes to Regulations.
RELEASED UNDER THE
Emissions credit transfers under the Clean Vehicle Standard
29
The Bill will give legislative effect to Cabinet’s decision to make compliance with the Clean
Vehicle Standard easier for vehicle importers by removing the legislative restriction on CO2
emission credit transfers between the new and used-import sectors.
OFFICIAL
30
The Cabinet paper that recommended this decision contained advice that credit transfers
would occur with an “exchange rate” of two for one (i.e. a credit earned on a new vehicle
would be worth twice as much as one earned on a used-import). Despite being in the Cabinet
paper a specific recommendation was not included when this was considered by the Cabinet
Business Committee on 1 July 2024 (CBC-MIN-0067).
31
For the avoidance of doubt, we recommend you seek Cabinet’s confirmation of this decision.
IN CONFIDENCE
Page
7 of
7
Annex 1
I N C O N F I D E N C E
In Confidence
Office of the Minister of Transport
Cabinet Legislation Committee
Regulatory Systems (Transport) Amendment Bil 2025: Approval for
Introduction Proposal
1 This paper seeks approval for the introduction of the Regulatory Systems (Transport)
1982
Amendment Bill 2025 (the Bill), subject to agreement of the Business Committee.
Policy
ACT
2 This omnibus Bill contains amendments to land transport, maritime and aviation
legislation and aims to:
2.1
maintain and improve the effectiveness and efficiency of the transport
regulatory system;
2.2
modernise the transport regulatory system; and
2.3
reduce the chance of regulatory failure.
3 The Bill will achieve these objectives by:
3.1
addressing transport regulatory duplication, gaps, errors, and inconsistencies
within transport legislation;
INFORMATION
3.2
ensuring that regulators have effective tools to keep the transport regulatory
RELEASED UNDER THE
system up to date and relevant, including modernising legislation to enable
convenient digital service alternatives to physical licences and labels;
3.3
removing unnecessary compliance costs from the transport system.
4 The Bill gives effect to policy proposals agreed to by Cabinet on 31 March 2025 (CAB-
25-MIN-0086 refers) to amend legislation to:
OFFICIAL
4.1
enable digital driver licenses as a convenient alternative to physical documents
and to promote a modern and efficient transport system,
4.2
enable electronic issuing of regulatory notices and fees to streamline services
to deliver system efficiencies and customer benefits,
1
I N C O N F I D E N C E
link to page 130
I N C O N F I D E N C E
4.3
remove unnecessary display requirements (such as Warrant of Fitness and
Certificate of Fitness), where digital alternatives are available, to update
outdated processes and reduce administrative costs,
4.4
re-focus public transport principles to reduce costs and complexity for public
transport decision-makers, and
4.5
address minor drafting errors in the Civil Aviation Act (CAA) 2023 to
empower airports to set charges and cost-recover fees, and correct
inconsistencies in the Transport Accident Investigation Commission Act
(TAICA) 1990 in line with the original intent of the legislation.
5 The Bill also gives effect to:
5.1
policy proposals agreed to by Cabinet in June 2024 to enable councils to set
parking fees below a maximum cap (CAB-24-MIN-0220 refers); 1982
5.2
policy proposals agreed to by Cabinet in July 2024 to change the Clean
Vehicle Standard to enable greater flexibility and reduce compliance costs
(CAB-24-MIN-0248 refers); and
ACT
5.3
technical amendments to legislation that were developed by the Ministry of
Transport under the previous Government (CAB-22-MIN-0177 refers) and
endorsed by Cabinet on 31 March 2025.
6 Amendments to transport legislation in the Bill span across land, maritime and aviation.
A summary of the full list of policy proposals included in the Bill is attached in Annex 1.
7 Most of the matters included in the Bill are unlikely to be contentious and there will be
adequate opportunity for the public to engage during the select committee process.
Some proposals in the Bill could be considered contentious
8 The proposal to
remove three public transport principles from Part 5, Section 115 of
INFORMATION
the Land Transport Management Act (LTMA) 2003, may be considered contentious
1.
Removing these principles does not prohibit participants in the sector from continuing to
RELEASED UNDER THE
pursue these outcomes and attributes of public transport. The Government Policy
Statement on Land Transport 2024, procurement guidance and letters of expectation, will
continue to play an important role in supporting the sector to deliver efficient and
effective public transport services.
9 The proposals to
digitise licences and labels to enable broader policy change may be
considered contentious due to potential privacy concerns, given these proposals would
OFFICIAL
enable a new way to hold and use personal information. Further due diligence and privacy
1 This proposal would remove the following three principles:
(1)(a) – well-used public transport services reduce the environmental and health impacts of land transport,
including by reducing reliance on single-occupant vehicles and using zero-emission technology;
(1)(b) – public transport services support a mode shift from private motor vehicle use and equitable access to
places, facilities, services, and social and economic opportunities if they are co-ordinated, integrated, reliable,
frequent, accessible, affordable, and safe; and
(1)(c) – fair and equitable employment or engagement of people in the public transport workforce should ensure
that there is a sufficiently robust labour market to sustain and expand public transport services.
2
I N C O N F I D E N C E
I N C O N F I D E N C E
analysis will be carried out prior to implementation, and privacy and security will be
considered as part of service design and delivery options.
10 Some of the proposed
adjustments to the Clean Vehicle Standard (the Standard) may
be considered contentious given last year’s easing of CO2 targets, and that consultation
undertaken during the review of the Standard was targeted.
11 The select committee process will provide the opportunity to hear from anyone that may
be affected by these proposals.
12 The Bill is not a type of omnibus bill that may be introduced under Standing Order 266 or
267(1)(a) or (b). Consequently, the Business Committee must agree to the bill’s
introduction as an omnibus bill under Standing Order 267(1)(c). If the Business
Committee identified any proposals that it does not agree with, s 9(2)(f)(iv)
1982
I seek Cabinet’s confirmation to additional maritime and Clean Vehicle Standard decisions
13 On 31 March 2025, Cabinet granted me authorisation to make additional policy decisions
that are consistent with the overall policy intent, subject to Cabinet’s confirmation (CAB-
25-MIN-0086 refers). I have made the following decisions based on this author
ACTisation and
seek confirmation from Cabinet to:
13.1
[subject to your approval in cover brief] remove the proposal to ‘
revise and
reorganise Part 3 of the Maritime Transport Act (MTA) 1994 to align it with
requirements set under the Maritime Labour Convention (MLC) 2006’.
Further analysis is required by the Ministry of Transport and Maritime New
Zealand to address potential unintended consequences of this proposal on the
rights and obligations of masters on ships. The Bill will continue to progress
other proposals to align our domestic legislation with the MLC.
13.2 revoke redundant Infringement Fees for Offences Regulations made under
section 699A of the Local Government Act 1974. Four Regional and District
Councils (Wellington, Canterbury, Marlborough and Taranaki) have updated
INFORMATION
their navigation bylaws since their corresponding Regulations were made. The
previous navigation bylaws, to which each of the Infringement Fees for
RELEASED UNDER THE
Offences Regulations relate, are therefore no longer in force and the
Regulations are redundant.
13.3 progress amendments to Maritime (Offences) Regulations 1998 and the
Maritime Protection (Offences) Regulations 1998, following amendments to
the MTA in the Bill. Further policy analysis is required for the necessary
changes to be made to these regulations, which my officials will advise me on.
OFFICIAL
13.4 CO2 emission credit transfers between the new and used-import sectors, under
the Clean Vehicle Standard, occur with an “exchange rate” of two for one (i.e.
a credit earned on a new vehicle would be worth twice as much as one earned
on a used-import).
3
I N C O N F I D E N C E
I N C O N F I D E N C E
Impact analysis
14 Regulatory Impact Statements (RIS) were previously provided to Cabinet on the
following proposals in the Bill:
14.1 state Highway closure powers and Transport Service Licence enforcement
powers,
14.2 the proposal to provide the rail regulator, the New Zealand Transport Agency
with reactive investigatory powers,
14.3 improvements to the powers of the Director of Land Transport to respond to
emergency and time-critical events,
14.4 the maritime proposals to modernise the penalties for the safety offences in the
Maritime Transport Act 1994, and
1982
14.5 changes to the Clean Vehicle Standard.
15 All RISs completed to date have received a meets or partially meets assessment by an
independent quality assurance panel.
ACT
16 Annex 1 provides a list of the policy proposals which have been exempted from RIS
requirements on the grounds that proposals have no or only minor impacts on businesses,
individuals, and non-for-profit entities, or only minor economic, social or environmental
impacts, or could be suitable to be included in a Statutes Amendment Bill (as provided for
in Standing Orders).
A post-implementation review is required for the proposal to re-focus public transport
principles
17 No RIS was provided for the proposal to remove three public transport principles from
Part 5, Section 115 of the LTMA. This proposal is not exempt from RIS requirements and
consistent with Cabinet’s impact analysis requirements, a post-implementation review
INFORMATION
will be undertaken and provided to Cabinet in due course. The Ministry for Regulation
and the Ministry for Transport will discuss and agree on the appropriate scope and timing
RELEASED UNDER THE
of this assessment.
s 9(2)(h)
OFFICIAL
4
I N C O N F I D E N C E
I N C O N F I D E N C E
s 9(2)(h)
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
5
I N C O N F I D E N C E
I N C O N F I D E N C E
s 9(2)(h)
Consultation
27 The following agencies were consulted on the contents of this paper:
[TBC] Civil
Aviation Authority, Department of Internal Affairs, Department of the Prime Minister
and Cabinet, Maritime New Zealand, Ministry of Justice, Ministry of Primary Industries,
Ministry for Regulation, New Zealand Police, NZTA, Office of the Privacy
Commissioner, Parliamentary Counsel Office and Treasury.
1982
28 Public consultation took place between 1 June and 8 July 2022 on a package of 33
proposals to amend legislation across land and maritime modes (CAB-22-MIN-0177 and
DEV-22-MIN-0110 refers). Feedback was received from 23 submitters comprising
industry and sector representative groups, territorial authorities (district and regional
ACT
councils), and sector participants. There was generally a high level of support from the
transport sector and local government for the proposals.
29 Proposals including introducing a digital driver licence, altering the Clean Vehicle
Standard, facilitating the NZTA to email regulatory notices and fees, and revising the
public transport operating principles have not been consulted on publicly.
30 I do not propose to take further targeted or public consultation on the proposals in the
Bill. I believe there will be adequate opportunity for the public to engage during the select
committee process.
31 Annex 1 details the proposals in the Bill that have had public consultation.
Binding on the Crown
INFORMATION
32 The Bill amends the Government Roading Powers Act 1989, Land Transport Act 1998,
RELEASED UNDER THE
LTMA, MTA, Railways Act 2005, CAA and TAICA which bind the Crown. An
exception to this is provided in section 4 of the MTA, which specifies how the MTA
applies to ships and aircrafts used for defence and governmental purposes.
33 The Bill will be binding on the Crown, noting the exceptions provided in section 4 of the
MTA, is consistent with the approach of the legislation that the Bill amends.
OFFICIAL
Creating new agencies or amending law relating to existing agencies
34 The Bill will not create any new agencies and will not amend the existing coverage of the
Ombudsman Act 1975, the Official Information Act 1982, or the Local Government
Official Information and Meetings Act 1987.
6
I N C O N F I D E N C E
I N C O N F I D E N C E
Associated regulations
35 No regulations are needed to bring the Bill into operation.
36 It is possible that regulations will be needed at a later date to implement proposals related
to the Bill. For example, regulations may be needed to set higher levels of fees, as
enabled by the Bill, or to update offences and penalties related to the digitisation
proposals. If there is a need for future regulations, I intend to return to Cabinet to seek
further policy decisions.
Other instruments
37 The digital modernisation proposals enabled through the Bill will require subsequent rule
changes to implement.
Definition of Minister/department
1982
38 The Bill does not contain or change a definition of Minister, department (or equivalent
government agency), or chief executive of a department (or equivalent position).
Commencement of legislation
ACT
39 s 9(2)(f)(iv)
Parliamentary stages
40 I propose that the Bill be introduced in June 2025s 9(2)(f)(iv)
41 There are two time-critical proposals driving the timeframes of the Bill:
41.1 the Clean Vehicle Standard needs be in force by the end of the year to deliver
as we have committed.
41.2 amendments to numbering errors in the Civil Aviation Act 2023 need to be
made as soon as possible to ensure airport operators can carry out important
INFORMATION
operational functions such as cost recovery of fees.
RELEASED UNDER THE
42 I propose that the Bill goes through a four month Select Committee process and be
referred to the Transport and Infrastructure Select Committee.
43 The proposed timeline for the Bill is as follows:
Milestone
Timeframe
OFFICIAL
Business Committee
Post cabinet consideration on 16 June
2025
Introduction of Bill
Late June 2025
Select Committee
Late June – Late October 2025
s 9(2)(f)(iv)
7
I N C O N F I D E N C E
I N C O N F I D E N C E
s 9(2)(f)(iv)
Proactive Release
44 This Cabinet paper and its corresponding minute will be proactively released within 30
business days of final policy decisions being taken by Cabinet.
Recommendations
I recommend that the Cabinet Legislation Committee:
1
s 9(2)(f)(iv)
1982
2
note that the Bill will make amendments across transport legislation to support
effective regulatory stewardship and an efficient transport system;
3
confirm the delegated policy decisions I have made, based on the authorisations I
ACT
previously received from Cabinet (CAB-25-MIN-0086 refers).
4
approve the Bill for introduction, subject to the final approval from the Business
Committee;
5
note that if any proposals in the Bill need to be removed in order for it to receive the
Business Committee’s agreement to its introduction, the Bill may be amended prior to
introduction to remove these proposals;
6
note that if any proposals are removed from the Bill under recommendation 5, the
relevant Minister will return to the Cabinet Legislation Committee to seek decisions
on alternative legislative vehicles for these proposals;
INFORMATION
7
agree, subject to final approval from the Business Committee, that the Bill:
RELEASED UNDER THE
7.1
is referred to the Transport and Infrastructure Select Committee for
consideration; and
7.2 s 9(2)(f)(iv)
Authorised for lodgement
OFFICIAL
Hon James Meager
Associate Minister of Transport
8
I N C O N F I D E N C E
I N C O N F I D E N C E
Annex 2
Summary table of proposals of Regulatory Standards (Transport) Amendment Bill 2025
Proposal
Description
Legislation to be amended
Relevant clause in RIS requirements
Public consultation
RSTA Bil
Y/N
Land transport proposals
Highway and
Provide the NZ Transport Agency (NZTA) with broader powers to close parts of the State
Government Roading Powers
TBC
RIS included for
Y
Motorway
Highway network to address safety concerns.
Act 1989; Land Transport
boarder power
Amendments
Amend a mistake which prevents NZTA from declaring newly built roads into a state highway.
Management Act 2003
proposal.
1982
Clarify that pedestrians may use approved areas and infrastructure within motorway corridors.
Exempt for other
E.g. bus stops.
proposals.
Modernising the
Create a new offence and an associated fine for transferring, assigning or leasing a TSL.
Land Transport Act 1998; Land
TBC
RIS included
Y
enforcement regime
Transport (Regulatory Fees)
for Transport Service Create a new power to enable NZTA to audit someone purporting to operate a transport
Regulations 2023, the Land
Licences (TSL)
service without a licence.
Transport (Offences and
ACT
Enable the immediate suspension of a TSL for health and safety concerns, when significant
Penalties) Regulations 1999 and
concerns are recognised or reported.
Land Transport Rule: Operator
Require a fit and proper person check for any new person in control of a transport service,
Licensing 2017.
which is required to be documented for a TSL.
Simplifying the rule
Clarify the consultation and notification requirements in rule-making powers in the Land
Land Transport Act 1998
TBC
Exempt
Y
consultation process
Transport Act 1998
to increase
consistency
Increasing maximum
Increase the maximum level of fines and infringement fees that can be set through regulations. Land Transport Act 1998
TBC
Exempt
Y
fines and
The Ministry of Transport developed the Effective Financial Penalties Framework and Financial
infringement fees
Penalties Categorisation Tool. The Bill will increase the maximum level of fines
and infringement fees to align with this framework and tool.
Declaration of Motor Strengthen the process through which NZTA can declare vehicles to not be a ‘motor vehicle’
Land Transport Act 1998
TBC
Exempt
N
Vehicles
under the Land Transport Act 1998. This change will improve the workability and transparency
of the declaration process which has previously come under scrutiny regarding the E-Scooters
(Declaration Not to be Motor Vehicles) Notice 2018.
INFORMATION
Enabling parking fines Enable local authorities to set infringement fees for overstaying in a carpark below a maximum Land Transport Act 1998; Land
TBC
RIS Included
N
RELEASED UNDER THE
below a maximum
cap. This proposal fixes a technical issue with the Land Transport Act 1998 to give local
Transport (Offences and
cap
authorities the necessary powers to set these lower fees, as it was originally intended.
Penalties) Regulations 1999
Director emergency
Create new powers for the Director of Land Transport to respond to emergency and time
Land Transport Act 1998; Land
TBC
RIS Included
N
powers
critical events. The Director's ability to waive regulatory requirements for time-
Transport Rule: Vehicle
critical emergency situations is currently restricted. The Bill will expand these. e.g., extend the
Standards Compliance 2002
term of land transport documents (such as drivers licenses), or require vehicles to presented for
inspection (e.g. for a Warrant of Fitness) if a safety issue has been identified.
OFFICIAL
1
I N C O N F I D E N C E
I N C O N F I D E N C E
Reactive investigation Introduce new reactive investigation powers for NZTA to investigate more effectively and
Railways Act 2025
TBC
RIS Included
Y
powers under the
efficiently, following rail accidents and incidents. For example:
Railways Act 2005
• freeze a scene to preserve and col ect evidence;
• access sites to investigate or carry out verification inspections;
• request materials to be supplied for examination;
• interview personnel involved in a safety occurrence and;
• require identified failings to be remediated by the rail participant.
Remove time
Pause the statutory timeframes when further information is required from an applicant in
Railways Act 2025
TBC
Exempt
Y
1982
constraints for rail
relation to a Rail Safety Case, either for a new application or a variation to an existing safety
safety case
case. This ‘stop-the-clock’ provision al ows enough time for information to be gathered.
application process
Reducing prescriptive timeframes for information will make this process more efficient.
Digital modernisation proposals
ACT
Enabling Digital Driver Enable the future implementation of digital driver licences. This includes amending sections
Land Transport Act 1998
TBC
Exempt
N
Licences (DDL)
that require a physical licence. This change supports the Digitising Government approach that
aims to promote a modern and efficient public service.
Better enabling NZTA Better enable the electronic issuing of infringements and other regulatory notices. This would
Land Transport Act 1998
TBC
Exempt
N
to email regulatory
include requiring the provision of email addresses, mobile phone numbers, and the current
notices and fees
requirements for postal addresses.
Enabling digital in-
Enable electronic alternatives to requirements to carry and display physical licences and labels, Land Transport Act 1998; Land
TBC
Exempt
N
vehicle labels
including Warrants of Fitness (WOFs), Certificates of Fitness (COFs) and alternative fuel
Transport (Motor Vehicle
inspection certificates.
Registration and Licensing)
Regulations 2011, Land
Transport (Offences and
Penalties) Regulations 1999
Public transport principles proposal
Remove public
Remove three public transport principles from the Land Transport Management Act 2003 to
Land Transport Management
TBC
Post implementation N
transport principles
reduce compliance costs and improve regulatory certainty for public transport decision makers. Act 2003
review required
INFORMATION
Clean Vehicle Standard proposals
RELEASED UNDER THE
Extending the lifespan Extend the lifespan of CO2 emission credits that are earned on low emission vehicles from
Land Transport Act 1998; Land
TBC
RIS Included
N – Targeted
of emission credits
three years to four years. This will encourage importers to overachieve targets, when possible, Transport (Clean Vehicle
engagement with
to increase credit buffers against future target underachievement.
Standard) Regulations 2022
industry
Remove restriction on Remove the legislative restriction on credit transfers between the new and used import sectors, Land Transport Act 1998
TBC
RIS Included
N – Targeted
credit transfers
with a 2026 start date for transfers. This recognises that new low emission vehicles will be in
engagement with
between new and
use for on average, twice the period of time of an average used-import low emission vehicle. A
industry
used importers
credit earned on a new vehicle is to be worth twice as much as one earned on a used vehicle.
OFFICIAL
2
I N C O N F I D E N C E
I N C O N F I D E N C E
Remove restriction on Enable future targets to be set that are ‘uniform’ and not adjusted for vehicle weight. As the
Land Transport Act 1998
TBC
RIS Included
N – Targeted
weight-adjusted
number of zero and low emission vehicles increases, the linear relationship between vehicle
engagement with
targets
weight and a vehicle’s CO2 emissions will become weaker. It is important to stop weight-
industry
adjusting targets when there is no material linear relationship, to prevent distortion of the
vehicle market. This proposal enables both uniform and weight-adjusted targets to be set with
the expectation that weight-adjusted targets will eventually be replaced with uniform targets.
Extending payment
Extend the use of borrowing future target overachievement (payment obligation deferral)
Land Transport Act 1998
TBC
RIS Included
N – Targeted
obligation deferral
beyond 2025 (currently this provision is only available until 2025).
With borrowing, importers
engagement with
beyond 2025
who do not achieve their annual target can make up the underachievement the fol owing year
industry
by overachieving the subsequent year’s target by an equal amount. This flexibility only applies
1982
to importers that comply on an annual basis (category 1 light vehicle importers).
Aviation proposals
Correct numbering
Correct a numbering error which unintentionally disapplied sections preventing airports to set
Civil Aviation Act 2023
TBC
Exempt
N
errors in the Civil
charges. This proposal clarifies that costs can not be recovered via levies where those same
Aviation Act 2023
costs are otherwise collected and makes a minor editorial change to cross-references.
ACT
Correct errors in the
Correct an error where “accident” and “accident and incident” are referred to inconsistently in Civil Aviation Act 2023
TBC
Exempt
N
Transport Accident
the TAIC.
Investigation
Transport Accident
Commission Act
Investigation Commission Act
(TAIC) 1990
(TAIC) 1990
Maritime proposals
Amend and expand
Amend the threshold for initiating an investigation from ‘reasonable grounds to believe’ to
Maritime Transport Act 1994
TBC
Exempt
Y
investigation powers
‘reasonable grounds to suspect.’ This will allow Maritime NZ to conduct an investigation when
it has reasonable cause to do so, but without requiring near certainty as under the current
standard of ‘belief’.
Allow investigations under section 54A of the Act for non-compliance with the general duties
for participants in the maritime system under section 17. This will support the existing power
under section 43 to suspend a maritime document on the grounds of non-compliance with the
requirements of section 17. This proposal will also provide clarity and certainty to Maritime NZ
in carrying out its regulatory oversight of maritime document holders. INFORMATION
Update and amend
Align maritime penalties with the effective transport-related financial penalties policy
Maritime Transport Act 1994
TBC
RIS included
Y
maritime fines,
framework to ensure penalties are consistent with international standards and are fair and
RELEASED UNDER THE
infringement fees and effective. This includes:
offences
• Increasing maximum level of fines and infringement fees.
• Updating the maximum financial penalties available for safety offences.
• Revoking bylaw infringement offence regulations that relate to revoked or replaced
bylaws.
OFFICIAL
3
I N C O N F I D E N C E
I N C O N F I D E N C E
Technical maritime
Amend a technical problem with the definition of ‘unit of account’ in section 2 of the MTA, to
Maritime Transport Act 1994
TBC
Exempt
Y
fixes
remedy a lack of clarity.
Clarify the requirement for operators of a floating production storage and offloading unit
(FPSO) to be required to pay the maritime levy. When a FPSO does enter our waters, they will
contribute to our maritime regulatory system to ensure safety and environmental protection
through the levy payment.
Aligning Maritime
Fix inconsistencies between the MTA and MLC relating to:
Maritime Transport Act 1994
TBC
Exempt
Y
Transport Act 1994
with the Maritime
• Records of Employment that do not reference quality of work.
Labour Convention
• Prohibiting people younger than 16 years old from working on a ship and people under
1982
(MLC)
18 from undertaking hazardous work.
• The definition of employment agreements.
• Clarify that seafarer recruitment can take place and to ensure that ship owners, not
seafarers, are charged for this service.
• Clarify the scope of rule-making powers to align with relevant aspects of the MLC.
ACT
Updating service
Enable documents and notices required to be served on any person under the MTA. This
Maritime Transport Act 1994;
TBC
Exempt
Y
requirement for
includes infringement notices to be served through traditional paper-based means or through
Marine Protection (Offences)
electronic service of
electronic service. This future-proofs the regulatory framework and enables cost savings for the Regulations 1998; Maritime
documents
regulators.
(Offences) Regulations 1998
Simplifying the rule
Clarify the consultation and notification requirements in rule-making powers in the MTA.
Maritime Transport Act 1994
TBC
Exempt
Y
consultation process
to increase
consistency
Minister of
Enable the Minister of Conservation to exercise functions, duties, and powers under Part 3A of Maritime Transport Act 1994
TBC
Exempt
Y
Conservation powers the MTA in the Subantarctic and Kermadec Islands as if they were a regional council or unitary
in Subantarctic
authority. This will allow the Minister of Conservation to manage maritime safety at the Islands
and Kermadec Islands e.g.
the appointment of a Harbour Master and navigation bylaws. This will provide greater
safety and assurance for masters, crew and passengers of ships operating the waters
surrounding the Islands.
Update definition of
Update the definitions of ‘convention’ and ‘marine protection convention’ in the MTA to ensure Maritime Transport Act 1994
TBC
Exempt
Y
“convention”
that when a convention that has previously been declared as a convention under the Act, no
further declaration through an Order in Council is required. This will avoid unnecessary
INFORMATION
administrative procedures when New Zealand agrees to amendments to Conventions.
RELEASED UNDER THE
OFFICIAL
4
I N C O N F I D E N C E
Annex 3
Departmental Disclosure Statement
Regulatory Systems (Transport) Amendment Bill 2025
The departmental disclosure statement for a government Bill seeks to bring together in
one place a range of information to support and enhance the Parliamentary and public
scrutiny of that Bill.
It identifies:
• the general policy intent of the Bill and other background policy material,
• some of the key quality assurance products and processes used to develop and test
the content of the Bill, and
1982
• the presence of certain significant powers or features in the Bill that might be of
particular Parliamentary or public interest and warrant an explanation.
ACT
This disclosure statement was prepared by the Ministry of Transport
The Ministry of Transport that, to the best of its knowledge and understanding, the
information provided is complete and accurate at the date of finalisation below.
[Date finalised].
INFORMATION
RELEASED UNDER THE
OFFICIAL
1
link to page 142 link to page 143 link to page 146 link to page 149 link to page 152
Contents
Contents .................................................................................................................... 2
Part One: General Policy Statement .......................................................................... 3
Part Two: Background Material and Policy Information ............................................. 6
Part Three: Testing of Legislative Content ................................................................. 9
Part Four: Significant Legislative Features .............................................................. 12
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
2
Part One: General Policy Statement
The Regulatory Systems (Transport) Amendment Bill (the Bill) is an omnibus Bill that
amends land transport, maritime and aviation legislation. The objectives of the Bill are
to:
A) maintain and improve the effectiveness and efficiency of the transport regulatory
system,
B) modernise the transport regulatory system, and
C) reduce the chance of regulatory failure.
The Bill is intended to be a vehicle for smaller regulatory fixes to be made in a timely and
cost-effective fashion to deliver benefits to the transport system. The amendments do
not justify standalone Bills, but are more significant than amendments that are generally
included in a Statutes Amendment Bill.
The Bill contains amendment proposals covering the following matters:
Land Transport
1982
Key amendments include:
• allowing local authorities to set fees for overstaying parking below a maximum
cap as was originally intended by the regulations,
•
ACT
modernising the enforcement regime for Transport Service Licences,
• amending errors across land transport legislation to allow powers to be used,
such as closing state highways due to safety concerns.
• creating new powers for the Director of Land Transport to respond to emergency
and time critical events,
• clarifying the rule consultation process under the Land Transport Act 1998 (LTA)
to provide consistency and certainty, and
• increasing the maximum level of fines and infringement fees that can be set
through regulations, to align with the Ministry of Transport’s financial penalties
framework and categorisation tool.
The Bill will also improve reactive rail investigation powers by removing a time restriction
in an existing power and creating the following new investigation powers that will allow
the NZ Transport Agency (NZTA) to:
[subject to change – working through with
NZTA]
INFORMATION
• freeze a scene to preserve and collect evidence,
•
RELEASED UNDER THE
access sites to investigate or carry out verification inspections,
• request materials to be supplied for examination,
• interview personnel involved in a safety occurrence, and
• require identified failings to be remediated by the rail participant.
Digital modernisation
The Bill will future-proof legislation to enable the use of digital alternatives for transport
services as new technologies become available. Key amendments include:
OFFICIAL
• enabling the future use of digital driver licences,
• enabling the electronic issuing of infringement and other regulatory notices. This
would include requiring the provision of email addresses, mobile phone numbers,
alongside the current requirements for postal addresses, and
• enabling electronic alternatives to requirements to carry and display physical
licences and labels, including Warrants of Fitness (WOFs), Certificates of Fitness
(COFs) and alternative fuel inspection certificates.
3
These changes will reduce reliance on paper-based systems, improving ease and
efficiency for both providers and users of transport services. Over time, these changes
will allow our transport system to be more cost-effective and support wider government
digitisation objectives.
Public transport principles
The Bill removes three public transport principles from the Land Transport Management
Act 2003 (LTMA) to re-focus public transport principles to reduce costs and complexity
for public transport decision-makers.
Clean Vehicle Standard
The Bill will support the achievement of the Clean Vehicle Standard’s annual CO2
emissions targets by enhancing the Standard’s flexibility measures. Key amendments
include:
1982
• extending the lifespan of CO2 emission credits earned on low emission vehicles
from three years to four years,
• removing the legislative restriction on CO2 emission credit transfers between the
new and used import sectors,
ACT
• extending the use of credit borrowing for new vehicle distributors beyond 2025,
and
• enabling uniform targets (i.e. targets that are not weight-adjusted), for future
implementation when there is no longer a material linear relationship between
vehicle weight and CO2 emissions.
Maritime
Key amendments include:
• updating the service requirements under the Maritime Transport Act 1994 (MTA)
to enable regulators to send regulatory notices electronically,
• enabling the Minister of Conservation to exercise functions, duties and powers
under Part 3A of the MTA in the Subantarctic and Kermadec Islands as if they
INFORMATION
were a regional council or unitary authority,
• addressing inconsistencies, improving system efficiencies and aligning New
RELEASED UNDER THE
Zealand with the Maritime Labour Convention,
• clarifying the rule consultation process under the MTA to provide consistency and
certainty,
• enabling operators of floating production storage and offloading units to be
required to pay the maritime levy.
• modernising penalties and offences by increasing maximum fines and fees,
updating penalties for safety offences and revoking redundant bylaws, aligning
OFFICIAL
with the financial penalties framework and categorisation tool.
Aviation
Key amendments include:
• amending the Civil Aviation Act 2023 (CAA) to correct a numbering error to allow
Airport operators to charge for aerodrome activities they provide, as originally
intended,
4
• amending the CAA to prevent ‘double dipping’ by clarifying that costs cannot be
recovered through passenger security levies where those same costs are
otherwise collected through the Airports (Cost Recovery for Processing of
International Travellers) Act 2014, and
• correcting errors to ensure consistency in the CAA and the Transport Accident
Investigation Commission Act 1990.
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
5
Part Two: Background Material and Policy Information
Published reviews or evaluations
2.1. Are there any publicly available inquiry, review or evaluation
reports that have informed, or are relevant to, the policy to be given
YES
effect by this Bill?
[placeholder maritime to provide]
Relevant international treaties
2.2. Does this Bill seek to give effect to New Zealand action in relation
NO
to an international treaty?
No, the Bill does not, except for amendments to the MTA which:
•
align section 26 of the MTA with the requirements in the Maritime Labour Convention
(MLC) relating to young people working on ships or doing hazardous work
1982
•
addresses inconsistencies in the MTA with the MLC in relation to seafarer
employment agreements, records of employment, and seafarer recruitment and
placement services
•
enable implementation of recommendations and provisions from the International
Labour Organisation
ACT
Link to text and Amendments of the ML
C: https://www.ilo.org/international-labour-
standards/maritime-labour-convention-2006-0/text-and-preparatory-reports-maritime-labour-
convention-2006
2.2.1. If so, was a National Interest Analysis report prepared to inform
a Parliamentary examination of the proposed New Zealand action in
YES
relation to the treaty?
The Maritime Labour Convention 2006: National Interest Analysis of November 2015
prepared by
[Placeholder maritime to provide]
This can be found a
t https://tardis.transport.govt.nz/otcs/llisapi.dll/app/nodes/25620208#
Regulatory impact analysis
INFORMATION
2.3. Were any regulatory impact statements provided to inform the
YES
policy decisions that led to this Bill?
RELEASED UNDER THE
Regulatory Impact Statements (RIS) have been prepared on the following:
•
State Highway closure powers, Transport Service Licence enforcement powers, and
limited access roads, “Land Transport: Regulatory Systems Transport Amendment
Bil No. 2 proposals”, Ministry of Transport. 21 October 2021:
https://www.transport.govt.nz/assets/Uploads/RIS-Impact-Summary-RSTA-2-Land-
Proposals-REDACTED.pdf
•
the proposal to provide the rail regulator, the New Zealand Transport Agency with
OFFICIAL
reactive investigatory powers, “
Providing better investigation powers under
the Railways Act 2005”, Ministry of Transport, February 2022,
https://www.transport.govt.nz/assets/Uploads/RIS-Providing-better-investigation-
powers-under-the-Railways-Act-2005-REDACTED-v2.pdf
•
“
Review of Director of Land Transport powers during emergency and time-critical
events”, Ministry of Transport 26 August 2022 and “Regulatory Impact Statement:
proposed changes to penalty levels in the Maritime space”, Ministry of Transport, 13
July 2022
https://www.transport.govt.nz/assets/Uploads/Proactive-release-of-
Regulatory-Systems-Transport-Amendment-Bill-No-2-Policy-Approvals-package.pdf
6
•
changes to the Clean Vehicle Standard.
https://www.transport.govt.nz/assets/Uploads/Outcome-of-the-review-of-the-Clean-
Car-Importer-Standard-11-June-2024-Redacted.pdf
All RIS’ completed to date have received a meets or partially meets assessment by an
independent quality assurance panel.
Several land and maritime proposals developed by the Ministry of Transport under the
previous Government (CAB-22-MIN-0177 refers) have been assessed by Treasury’s
Regulatory Impact Assessment team as being technical in nature and have no or only minor
impacts on businesses, individuals, and not-for-profit entities, and are therefore exempt from
RIS requirements.
Most proposals agreed to by Cabinet on 31 March 2025 (CAB-25-MIN-0086 refers) have
been granted exemptions from RIS requirements by the Ministry for Regulation (MfR).
•
The Bill only provides enabling provisions for digital driver licenses, electronic issuing
of regulatory notices and removing unnecessary display requirements. These 1982
proposals are exempt from the requirement to provide a RIS on the grounds that they
have no or only minor impacts on businesses, individuals, and not-for-profit entities,
or only minor economic, social, or environmental impacts.
•
The Ministry of Transport has claimed an exemption under Cabinet Office circular
CO(24)7 for the proposal to correct numbering errors in the Civil Aviation Act 2023
ACT
and Transport Accident Investigation Commission Act 1990 on the grounds that it is
for a matter suitable to be included in a Statutes Amendment Bill (as provided for in
Standing Orders).
For the removal of three public transport principles, there is no accompanying RIS, and MfR
has not exempted the proposal from the impact analysis requirements. A post-
implementation review will be undertaken and provided to Cabinet.
MOT has self-claimed a RIS exemption (as set out in Cabinet Officer Circular CO (24) 7), for
the proposal to revoke four redundant Infringement Fees for Offences Regulations made
under section 699A of the Local Government Act 1974.
INFORMATION
2.3.1. If so, did the RIA Team in the Treasury provide an independent
NO
opinion on the quality of any of these regulatory impact statements?
RELEASED UNDER THE
All RIS’ completed to date have received a meets or partially meets assessment by an
independent quality assurance panel, except when an exemption has been self-claimed by
MoT, or granted by Treasury’s RIA Team or MfR.
2.3.2. Are there aspects of the policy to be given effect by this Bill
that were not addressed by, or that now vary materially from, the
NO
OFFICIAL
policy options analysed in these regulatory impact statements?
Extent of impact analysis available
2.4. Has further impact analysis become available for any aspects of
NO
the policy to be given effect by this Bill?
7
2.5. For the policy to be given effect by this Bill, is there analysis
available on:
(a) the size of the potential costs and benefits?
YES
(b) the potential for any group of persons to suffer a substantial
YES
unavoidable loss of income or wealth?
The size of the potential costs and benefits are outlined in the RIS documents in question 2.3
are available in the relevant RIS’s mentioned above.
Some proposals received RIS exemptions or did not have a RIS provided because:
• The Bill amends transport legislation to not refer prescriptively to, for example,
physical licences, labels and addresses. This will allow for the future implementation
of digital transport services, when this technology is available. Costs and benefits of
implementation have not yet been estimated but will be considered as part of service
design and delivery options analysis.
• There has been no recent cost and benefit analysis in relation to the removal of the
three public transport principles, however, this analysis will be included as part of any
1982
post implementation review, as agreed to by MfR.
Outside of these proposals, no significant population, cost of living or financial implications
were identified arising from these proposals.
ACT
2.6. For the policy to be given effect by this Bill, are the potential
costs or benefits likely to be impacted by:
(a) the level of effective compliance or non-compliance with
NO
applicable obligations or standards?
(b) the nature and level of regulator effort put into encouraging
NO
or securing compliance?
These proposals are intended to clarify compliance requirements. We do not believe that
substantive additional enforcement efforts are needed from regulators.
INFORMATION
RELEASED UNDER THE
OFFICIAL
8
Part Three: Testing of Legislative Content
Consistency with New Zealand’s international obligations
3.1. What steps have been taken to determine whether the policy to be given effect by
this Bill is consistent with New Zealand’s international obligations?
Amendments to the MTA are intended to give effect to New Zealand's obligations under the
Maritime Labour Convention (refer answer to question 2.1).
No other issues were identified during the policy process that may interfere with New
Zealand’s international obligations.
Consistency with the government’s Treaty of Waitangi obligations
3.2. What steps have been taken to determine whether the policy to be given effect by
this Bill is consistent with the principles of the Treaty of Waitangi?
No specific issues were identified in the policy process that may have implications for the
1982
rights and interests of Māori protected by the Treaty of Waitangi.
Consistency with the New Zealand Bill of Rights Act 1990 ACT
3.3. Has advice been provided to the Attorney-General on whether
any provisions of this Bill appear to limit any of the rights and
YES
freedoms affirmed in the New Zealand Bill of Rights Act 1990?
Advice provided to the Attorney-General by the Ministry of Justice, or a section 7 report of the
Attorney-General, is generally expected to be available on the Ministry of Justice’s website
upon the introduction of a Bill. Such advice, or reports, will be accessible on the Ministry’s
website a
t http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-
rights/bill-of-rights.
Offences, penalties and court jurisdictions
3.4. Does this Bill create, amend, or remove:
(a) offences or penalties (including infringement offences or
YES
penalties and civil pecuniary penalty regimes)?
INFORMATION
(b) the jurisdiction of a court or tribunal (including rights to
NO
judicial review or rights of appeal)?
RELEASED UNDER THE
The Bill creates and changes various offences and penalties across transport legislation in
clauses [10, 16, 18, 51, 56, 72-77, 83, 89].
3.4.1. Was the Ministry of Justice consulted about these provisions?
YES
[Placeholder until MOJ can review finalised Bill]
OFFICIAL
If YES, describe the nature and extent of the consultation undertaken, and the nature of any
action taken to address issues raised.
Privacy issues
3.5. Does this Bill create, amend or remove any provisions relating to
the collection, storage, access to, correction of, use or disclosure of
YES
personal information?
9
Enabling the future use of digital licences and labels
Currently, legislation refers prescriptively to physical licences and labels. The changes being
progressed would amend legislation to be neutral on the type of licence and label, where
appropriate. This is designed to future-proof legislation to allow for digital licences and labels
to be used when the technology is available.
These minor enabling amendments being progressed through the bill do not generate privacy
issues. However, if/when implemented, proposals to digitise licences and labels and the
compulsory provision of electronic addresses would change the means in which information
is collected, used and handled, which raises potential privacy risks. It will be important to
ensure these risks are appropriately managed prior to implementation. Potential risks include:
• accuracy and verification of driver licence information and the appropriate
safeguarding of this data. NZTA has existing obligations under the Privacy Act 2020
to ensure that customer data is accurate and that there are safeguards in place to
prevent unauthorised loss, misuse, or disclosure of personal information. NZTA will
align its work with the Digital Identity Services Trust Framework. It is partnering with
experts to ensure international standards are met as this technology is developed
and implemented, and
•
1982
potential reliance on inaccurate information (e.g., if email addresses are not kept up
to date) and could further expose New Zealanders to cybersecurity risks, scams and
phishing. However, NZTA considers risks can be satisfactorily mitigated by applying
similar safeguards as for other personal information they hold. NZTA also considers
risks could be reduced as e-servicing will enable emails and attachments to both be
ACT
password-protected to enhance privacy. This has fewer privacy risks than posting
such notices to physical addresses, with no confirmation of receipt, and in envelopes
that can be opened by anyone.
3.5.1. Was the Privacy Commissioner consulted about these
YES
provisions?
The Ministry of Transport has consulted the Office of the Privacy Commissioner (OPC) on the
development of the digital modernisation proposals enabled by the Bill.
While broader work to develop and implement digital driver licences will need substantial
privacy analysis, on the basis that relevant law changes in scope for approval here are minor
and technical, and that there will be further Cabinet approvals and opportunities for OPC to
engage through the development of any digital driver licence, OPC believe the privacy risks
presented at this stage are relatively minor and do not present a barrier to this work
advancing. OPC encourages the Ministry, NZTA and Department of Internal Affairs to
INFORMATION
continue work analysing privacy risks and mitigations as part of developing a digital driver
licence.
RELEASED UNDER THE
OFFICIAL
10
External consultation
3.6. Has there been any external consultation on the policy to be
YES
given effect by this Bill, or on a draft of this Bill?
Consultation on policy proposals:
The following agencies, including crown entities, have been consulted on the policy proposals
in the Bill, where relevant to their agency:
Civil Aviation Authority, Department of Internal Affairs, Department of the Prime Minister and
Cabinet, Maritime New Zealand, Ministry of Justice, Ministry of Primary Industries, Ministry
for Regulation, New Zealand Police, New Zealand Transport Agency, Department of
Conservation, Land Information New Zealand, New Zealand Customs Service, Ministry of
Social Development, Ministry for Disabled People, Energy Efficiency and Conservation
Authority, Office of the Privacy Commissioner, Parliamentary Counsel Office and Treasury.
Clean Vehicle Standard proposals were informed by discussions with the Motor Industry
Association, the Imported Motor Vehicle Industry Association, Motor Trade Association, and
the New Zealand Automobile Association (AA), who largely support these proposals. 1982
Departmental consultation on the draft Bill:
•
[Placeholder for any feedback received]
Ministerial consultation on draft Bill:
ACT
•
[Placeholder for any feedback received]
Other testing of proposals
3.7. Have the policy details to be given effect by this Bill been
otherwise tested or assessed in any way to ensure the Bill’s
NO
provisions are workable and complete?
INFORMATION
RELEASED UNDER THE
OFFICIAL
11
Part Four: Significant Legislative Features
Compulsory acquisition of private property
4.1. Does this Bill contain any provisions that could result in the
NO
compulsory acquisition of private property?
Charges in the nature of a tax
4.2. Does this Bill create or amend a power to impose a fee, levy or
YES
charge in the nature of a tax?
The Bill will amend the levy-making power in the CAA to provide that costs can be recovered
via levies unless those same costs are otherwise collected or to be collected via the Airports
(Cost Recovery for Processing of International Travellers) Act 2014. Levies are imposed on
aviation participants for the purpose of enabling the CAA to carry out its statutory functions.
The proposed amendment aligns with equivalent protections against ‘double- counting’ of
1982
costs already contained in the Customs and Excise Act 2018 and Biosecurity Act 1993.
The Bill will also enable maritime levies to be set in respect of floating production and storage
offloading units.
Retrospective effect
ACT
4.3. Does this Bill affect rights, freedoms, or impose obligations,
NO
retrospectively?
Strict liability or reversal of the usual burden of proof for offences
4.4. Does this Bill:
(a) create or amend a strict or absolute liability offence?
NO
(b) reverse or modify the usual burden of proof for an offence or
NO
a civil pecuniary penalty proceeding?
Civil or criminal immunity INFORMATION
4.5. Does this Bill create or amend a civil or criminal immunity for any
NO
person?
RELEASED UNDER THE
Significant decision-making powers
4.6. Does this Bill create or amend a decision-making power to make
a determination about a person’s rights, obligations, or interests
NO
protected or recognised by law, and that could have a significant
impact on those rights, obligations, or interests?
OFFICIAL
12
Powers to make delegated legislation
4.7. Does this Bill create or amend a power to make delegated
legislation that could amend an Act, define the meaning of a term in
NO
an Act, or grant an exemption from an Act or delegated legislation?
4.8. Does this Bill create or amend any other powers to make
YES
delegated legislation?
The Bill amendments to empowering provisions are intended to be only for smaller regulatory
and technical fixes. These include:
[Clauses [17 and 46] amend the rule-making provisions in the Land Transport Act 1998
and Maritime Transport Act 1994 to clarify the procedure.
Clause [10 and 56] enable bylaws made by road controlling authorities to set fees
below a maximum cap set by regulations.
Clause [18] enables increased penalties to be set by regulations.
Clauses [19 and 21] enable both uniform and weight-adjusted targets to be set by
1982
regulations for the purposes of the Clean Vehicle Standard.
Clause [33 and 41] mean that conventions and marine protection conventions declared
by Order in Council also include amendments to those conventions.
Clause [36] enables the Minister of Conservation to make navigation bylaws under
ACT
section 33M of the Maritime Transport Act 1994.
Clause [71] enables maritime rules to be made to implement recommendations of the
International Labour Organisation.
Clause [91] enables maritime rules to be made in respect of seafarer recruitment and
placement services.]
Any other unusual provisions or features
4.9. Does this Bill contain any provisions (other than those noted
NO
above) that are unusual or call for special comment?
INFORMATION
RELEASED UNDER THE
OFFICIAL
13
Annex 4
Hon Gerry Brownlee
Chair, Business Committee
Parliament Buildings
Wellington
Dear Gerry,
On
[16 June 2025], Cabinet
[agreed] to introduce the Regulatory System (Transport)
Amendment Bil (the Bil ), subject to cross-party agreement from the Business Committee as
required for omnibus bil s under Standing Order 267(1)(c).
1982
I seek agreement from the Business Committee to progress the Bil , which includes a range
of amendments across land transport, maritime, rail and aviation legislation to:
• maintain and improve the effectiveness and efficiency of the transport regulatory
system,
ACT
• modernise the transport regulatory system, and
• reduce the chance of regulatory failure.
There are two time-critical proposals driving the timeframes of the Bil :
• the Clean Vehicle Standard proposals need be in force by the end of the year to
deliver as we have committed, and
• corrections to a numbering error in the Civil Aviation Act 2023 need to be made as
soon as possible to ensure affected airport operators can carry out important
operational functions such as cost recovery of fees.
If there are potential proposals that are considered contentious by the Business Committee, I
wil remove these from the Bil , s 9(2)(f)(iv)
INFORMATION
I attach a package of supporting information to this letter, to support the Business
RELEASED UNDER THE
Committee’s consideration of the Bil :
• Attachment 1 – Regulatory Systems (Transport) Amendment Bil 2025: Approval for
Introduction (Cabinet paper)
• Attachment 2 – Table summary of proposals
• Attachment 3 – Departmental Disclosure Statement
OFFICIAL
• Attachment 3 – Regulatory Systems (Transport) Amendment Bil (as drafted for
introduction)
I would appreciate the Business Committee’s timely consideration of this proposal.
Yours sincerely
Hon James Meager
Associate Minister of Transport
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL

IN CONFIDENCE
Document 7
AIDE MEMOIRE
18 June 2025
OC250544
Hon James Meager
Associate Minister of Transport
AIDE MEMOIRE: UPDATE ON PROGRESS OF THE REGULATORY SYSTEMS
(TRANSPORT) AMENDMENT BILL 2025
1982
Purpose
1
To update you on revised timelines for the Regulatory Systems (Transport) Amendment Bill
2025 (the Bill), including how time-sensitive proposals will be addressed.
ACT
You have agreed to postpone lodgement of the Bil to July 2025
2
The Bill amends land transport, aviation and maritime legislation to improve effectiveness
and efficiency, modernise settings and reduce the risk of regulatory failure in the transport
regulatory system. This omnibus Bill has been developed in accordance with Standing Order
267 and was deliberately ambitious, to make the best use of House time.
3
You agreed in your Asssociate Transport Officials meeting on 4 June 2025 to postpone
lodgement of the Bill to July, and to aim for Cabinet Legislative Committee (LEG) on 17 July
2025.
4
The Bill was originally planned to go to Cabinet Business Committee (CBC) in June. However,
INFORMATION
we recommended lodgement be delayed. This was because:
RELEASED UNDER THE
the Bill was not ready for lodgement due to the number of outstanding queries to work
through and drafting priorities at the Parliamentary Council Office (PCO)
the lack of House time for introduction in June.
5
The table below outlines the revised timeline for the Bill that allows:
OFFICIAL
time to resolve outstanding queries on policy matters, ensuring a smoother process in
the Select Committee phase,
the reactive rail investigation power proposal1 to be progressed through the Bill, and
1 This proposal introduces new reactive investigation powers under the Railways Act 2005, for the New Zealand
Transport Agency (NZTA) to investigate more effectively and efficiently, following rail accidents and incidents.
Removal of the reactive rail investigation proposal from the Bill was contemplated, as this proposal is more
complex than anticipated. The new timeline for the Bill allows more time to work through this proposal with
NZTA and PCO.
IN CONFIDENCE
Page 1 of 3
IN CONFIDENCE
time-sensitive proposals to be addressed through retrospective and transitional
provisions.
Revised timeline – Regulatory Systems (Transport) Amendment Bil 2025
Milestone
Timeframe
Departmental/Ministerial consultation on the LEG package
Complete
Officials provide you with the revised Cabinet paper and
8 July 2025
supporting materials (talking points and Q&As).
Lodgement
10 July 2025
LEG Committee
17 July 2025
Cabinet
21 July 2025
Business Committee
Post Cabinet consideration 1982
Introduction of the Bill/First reading
Late July 2025
Select Committee
August – December 2025 (4 months)
ACT
s 9(2)(f)(iv)
s 9(2)(h)
INFORMATION
RELEASED UNDER THE
OFFICIAL
IN CONFIDENCE
Page 2 of 3
IN CONFIDENCE
s 9(2)(h)
No substantive issues were raised through departmental and ministerial consultation on the draft
Bill and Cabinet paper
10
Departmental and Ministerial consultation on the draft Bill and Cabinet paper concluded on
Thursday 29 May 2025.
11
Feedback was received from the following agencies and Crown entities: Department of
Internal Affairs (DIA), Ministry for Regulation, Ministry for Business Innovation and
Employment, Ministry for Justice, New Zealand Police (Police), Department of Conservation,
Ministry for Foreign Affairs and Trade, NZTA and Maritime New Zealand.
1982
12
DIA support the work to enable digital driver licences through the Land Transport Act 1998,
and anticipate this change will have strong support. Police would like to stay informed on the
progress of the digital modernisation proposals, especially for the implementation phase.
ACT
13
Minor amendments have been made to the Cabinet paper to reflect feedback from
consultation and for accuracy and consistency. We will send you the revised Cabinet paper
on 8 July 2025, ahead of lodgement.
Next steps
14
We will continue to update you on the progress of the Bill through the weekly report.
15
A package containing the revised Cabinet paper and supporting materials (talking points and
Q&As) will be provided to you on 8 July 2025, ahead of lodgement. PCO will lodge the Bill
with the Cabinet office separately.
INFORMATION
16
Cross-party support from the Business Committee will be required to progress the Bill. Your
Office is organising a letter for you to send to the Chair of the Business Committee, seeking
RELEASED UNDER THE
the Business Committee’s approval to introduce the Bill, following Cabinet approval. If any
proposals prove contentious at the Business Committee stage, we recommend separating
these from the Bill. Officials can provide you with further advice on alternative legislative
vehicles and timelines to progress removed proposals, if this occurs.
Contacts
Name
Telephone
First contact
OFFICIAL
Sarah Godwin, Senior Policy Advisor, Regulatory Reform
s 9(2)(a)
Katrina Quickenden, Manager Regulatory Reform
IN CONFIDENCE
Page 3 of 3

Document 8
Neha Pawar
From:
Sarah Godwin
Sent:
Wednesday, 16 July 2025 1:34 pm
To:
Gary Tonkin (Parliament)
Cc:
Paul O'Connell; Katrina Quickenden; OCU; Phoebe Moir; Declan Lynch; Laura
Bender; Bonnie Hayvice
Subject:
OC250637 Regulatory Systems (Transport) Amendment Bill - Draft first reading
materials – Aide Memoire and attachments.
Attachments:
Combined - OC250637 Regulatory Systems (Transport) Amendment Bill - Draft first
reading materials.pdf; Annex 1 - RSTA Draft First Reading Speech - Final draft.pdf;
Annex 2 - Legislative Statement - Regulatory Systems (Transport) Amendment Bill
2025.pdf; Annex 1 - RSTA Draft First Reading Speech - Final draft.docx; Annex 2 -
Legislative Statement - Regulatory Systems (Transport) Amendment Bill 2025.docx
Kia ora Gary,
1982
Please find attached OC250637 Regulatory Systems (Transport) Amendment Bill - Draft first
reading materials – Aide Memoire and attachments.
This package provides Minister Meager with draft materials for the first reading of the Regulatory
ACT
Systems (Transport) Amendment Bill (the Bill).
- Annex 1: Draft first reading speech
- Annex 2: Draft legislative statement
Both the first reading speech and legislative statement are subject to change, depending on the
outcome of Business Committee. In the instance content of the Bill does change following Business
Committee consideration, we will send you revised materials for first reading.
Please let me know if you have any questions,
Thanks Gary,
INFORMATION
Sarah Godwin (she/her)
Kaitohutohu Matua I Senior Policy Advisor – Regulatory Reform
RELEASED UNDER THE
Te Manatū Waka Ministry of Transport
Ms 9(2)(a)
E: [email address] | transport.govt.nz
OFFICIAL
1

IN CONFIDENCE
Attachment 1
AIDE MEMOIRE
16 July 2025
OC250637
Hon Name of Minister
Associate Minister of Transport
AIDE MEMOIRE: REGULATORY SYSTEMS (TRANSPORT) AMENDMENT BILL –
DRAFT FIRST READING MATERIALS
1982
Purpose
1
To provide you with draft materials for the first reading of the Regulatory Systems (Transport)
Amendment Bill (the Bill).
ACT
First reading of the Bil is anticipated for late July 2025
2
The Bill will be available for first reading on the third working day following introduction
(subject to House time). A draft first reading speech is provided in Annex 1.
3
Immediately before moving a first, second, or third reading of a Government bill, the
Minister in charge of the bill may present a legislative statement, which is presented as a
parliamentary paper.
4
The purpose of the statement is to put detailed information on the record about what the
legislation is intended to achieve. They are published under the authority of the House and
on the Parliament website, immediately following presentation. A draft legislative statement
INFORMATION
is provided in Annex 2.
RELEASED UNDER THE
5
Both the first reading speech and legislative statement are subject to change, depending on
the outcome of Business Committee.
6
In the instance content of the Bill does change following Business Committee consideration,
we will send you revised materials for first reading.
OFFICIAL
IN CONFIDENCE
Page
1 of
4
IN CONFIDENCE
Timelines for the Bil – as referenced in the Cabinet paper to be considered by LEG – Regulatory
Systems (Transport) Amendment Bil 2025: Approval for Introduction
Milestone
Timeframe
Cabinet Legislation Committee (LEG) 17 July 2025
Cabinet
21 July 2025
Business Committee
Post Cabinet consideration
Introduction and first reading
Late July 2025
*Subject to House time
Select Committee
August – December 2025 (4 months)
1982
s 9(2)(f)(iv)
ACT
Contacts
Name
Telephone
First contact
Sarah Godwin, Senior Policy Advisor, Regulatory Reform
s 9(2)(a)
Katrina Quickenden, Manager, Regulatory Reform
INFORMATION
RELEASED UNDER THE
OFFICIAL
IN CONFIDENCE
Page
2 of
4
Annex 1
House of Representatives: First reading speech for Regulatory System
(Transport) Amendment Bill 2025
First reading speaking points
Paper Title: Regulatory Systems (Transport) Amendment Bil 2025
Portfolio: Transport
Speech
Formal requirements
• I move, that the Regulatory Systems (Transport) Amendment Bill be now read a
1982
first time.
• I nominate the Transport and Infrastructure Committee to consider the Bill.
Introduction/purpose
ACT
• The Bill makes necessary changes across land transport, aviation and maritime
legislation, to make New Zealand’s transport regulatory system more effective
and efficient.
• Amendments in the Bill are designed to uphold good regulatory practice and
ensure the transport regulatory system is kept fit-for-purpose while contributing
to the government’s focus on boosting productivity.
• This also means keeping the transport regulatory system modern and relevant to
a growing digital world.
• The Bill makes amendments to transport legislation to pave the path for future
INFORMATION
digital alternatives to physical licences, labels, and notices. These amendments
lay the groundwork for reliable and easy-to-use digital services, ensuring
RELEASED UNDER THE
government can provide accessible and reliable services.
• The Bill is also providing the legislative vehicle to progress time-sensitive
aviation and clean vehicle standard amendments.
• I will expand on why it is important these changes need to be in force as soon as
possible.
OFFICIAL
Background
• I have received cross party agreement from the Business Committee that the Bill
meets the requirements under Standing Order 267, for an omnibus Bill of this
kind.
• The Bill includes a wide suite of amendments that do not warrant individual bills.
Page
1 of
4
• Progressing amendments to transport legislation in this way is an efficient use of
House time and an effective way to deliver benefits to the transport regulatory
system.
General overview of proposals
• The Bill contains an ambitious number of amendments that each fall within one
of the following three themes:
1) ensuring that regulators have the necessary tools to carry out their
functions effectively
2) improving regulatory system efficiency and removing unnecessary
compliance costs, and
1982
3) addressing duplication, gaps, errors, and inconsistencies within
transport legislation.
• I will briefly touch on some examples of the key amendments under ea
ACTch theme.
Theme 1: Effective regulation
• The first major theme of the Bill is ensuring regulators have effective tools to
carry out their regulatory functions.
• The Bill will provide the Director of Land Transport with the ability to respond to
emergency and time-critical events, such as natural disasters.
o The Director's ability to waive regulatory requirements in these
emergency situations is currently restricted in the Land Transport Act
1998.
o The Bill will expand these, for example to allow the Director to extend the
INFORMATION
term of land transport documents (such as drivers licenses).
RELEASED UNDER THE
• It will also provide the New Zealand Transport Agency with broader powers to
close parts of the State Highway Network to address safety concerns.
o This aligns NZTA’s powers with other road controlling authorities,
contributing to overall system coherence.
• The Bill will allow the Minister of Conservation to exercise functions, duties and
powers under Part 3A of the Maritime Transport Act 1994 in the Subantarctic and
OFFICIAL
Kermadec Islands, as If they were a regional or unitary authority.
o This change will provide greater safety and assurance for masters, crew
and passengers of ships operating in these waters.
Page
2 of
4
Theme 2: Modern and efficient systems
• The second major theme of the Bill is to make transport regulation more efficient
and cut down on unnecessary red tape.
• For example, the Bill will enable digital driver licences.
o This means you could carry your licence on your phone or other
electronic devices – making this simpler and more convenient.
o You’l stil be able to get a physical licence. This is about giving people
more choice.
o NZTA is working closely with the Department of Internal Affairs and the
Ministry of Transport to design and deliver the approach.
o There wil be report back to Cabinet later this year with more detail on
timeframes and costs.
1982
• The Bill also includes other updates to modernise the system, including:
o Allowing notices and fees to be sent electronically and
o providing digital alternatives to physical display requirements such as
ACT
Warrant of Fitness and Certificate of Fitness, which will update
processes and reduce administrative costs.
• Progressing these changes will support the Government’s wider digital
modernisation objectives and deliver better user experiences.
• These amendments in the Bill lay the foundations for the digital modernisation
component of our ambitious transport rules reform programme, announced
recently by the Minister for Transport.
• Alongside these digital changes, it is important that amendments to the Clean
Vehicle Standard progress via this Bill in a timely manner, to make the Standard
more flexible and workable for the industry.
INFORMATION
• Changes to the standard will allow emission credits to be transferred between
RELEASED UNDER THE
new and used import sectors and give vehicle importers time to plan for the 2026
targets.
Theme 3: Tidy-ups to uphold good regulatory practice
• The Bill addresses areas where there is duplication, errors and inconsistencies
OFFICIAL
in our transport legislation.
• These changes may seem small, but they can be of great consequence. For
example:
• Amendments to drafting errors in the Civil Aviation Act 2023 need to be in force
as soon as possible, to ensure airport operators can transition into the regime
under the 2023 Act and carry out important operational functions.
Page
3 of
4
s 9(2)(g)(i)
o
Close
• The Regulatory Systems (Transport) Amendment Bill 2025 is a comprehensive
and forward-looking piece of legislation.
• It is designed to ensure that New Zealand's transport regulatory system is
efficient, modern, and capable of meeting the challenges of the future.
• I thank the Business Committee for their consideration of the proposals in the
Bill and welcome submissions from the public.
• I commend the Regulatory Systems (Transport) Amendment Bill to the House.
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Page
4 of
4
Annex 2
Legislative Statement for the Regulatory Systems (Transport) Amendment Bil
Presented to the House of Representatives
in accordance with Standing Order 272
Introduction
1. The objective of the Regulatory Systems (Transport) Amendment Bill (the Bill) is to maintain and
improve effectiveness and efficiency, modernise and reduce the chance of regulatory failure of
the transport regulatory system.
2. The Bill will achieve this objective by:
a) ensuring that regulators have the necessary tools to carry out their regulatory functions
effectively,
1982
b) improving regulatory system efficiency and removing unnecessary compliance costs,
including by modernising legislation to enable convenient digital service alternatives to
physical licences and labels, and
c) addressing transport regulatory duplication, gaps, errors, and inconsistencies within
ACT
transport legislation.
3. The Bill makes amendments across land transport, aviation and maritime, and other
consequential primary legislation, including the Government Roading Powers Act 1989, Land
Transport Act 1998 (LTA), Land Transport Management Act 2003 (LTMA), Maritime Transport
Act 1994 (MTA), Railways Act 2005, Road User Charges Act 2012, Auckland Airport Act 1987,
Civil Aviation Act 2023 (CAA), Transport Accident Investigation Commission Act 1990 (TAICA),
and associated primary and secondary legislation.
Background
4. This Bill is an omnibus Bill under Standing Order 267(1)(c) and has received endorsement from
the Business Committee for introduction.
INFORMATION
5. Key provisions in the Bill will:
RELEASED UNDER THE
a)
Provide the New Zealand Transport Agency Waka Kotahi (NZTA) with broader powers to
close parts of the State Highway network due to safety concerns. This allows NZTA to
respond more efficiently in these scenarios and aligns NZTA’s powers with other road
controlling authorities.
b)
Modernise the enforcement regime for Transport Service Licences (TSL) by:
OFFICIAL
i. creating a new offence and an associated fine for transferring, assigning or
leasing a TSL,
ii. creating a new power to enable NZTA to audit someone purporting to operate a
transport service without a licence,
iii. enabling the immediate suspension of a TSL for health and safety concerns,
when significant concerns are recognised or reported, and
iv. requiring a fit and proper person check for any new person in control of a
transport service, which is required to be documented for a TSL.
c)
Increase maximum fines and infringement fees, to ensure greater consistency,
effectiveness and proportionality across transport modes, including consistency with
international standards for maritime penalties.
d)
Create new powers for the Director of Land Transport to respond to emergency and time
critical events. The Director's ability to waive regulatory requirements in these
circumstances is currently restricted. The Bill will, for example, allow the Director to
extend the term of land transport documents (such as driver licences), or require
vehicles to presented for inspection (e.g. for a Warrant of Fitness) if a safety issue has
been identified.
e)
Create new reactive investigation powers for NZTA to investigate more effectively and
1982
efficiently, fol owing rail accidents and incidents. In these scenarios, the regulator wil
have the ability to:
i. Freeze a scene to preserve and col ect evidence,
ii. Access sites to investigate or carry out verification inspections,
ACT
iii. Compel rail participants and personnel to participate in an interview,
iv. Require materials to be supplied for examination, and
v. Require identified failings to be remediated through improvement notices.
f)
Remove prescriptive time constraints for rail safety case application processes to
increase efficiency. The Bill will enable statutory timeframes to be paused when
further information is required from an applicant in relation to a replacement or
variation of an approved rail safety case.
g)
Modernise and future-proof transport legislation to support the Digitising Government
approach by:
i. enabling digital driver licences in addition to physical, to promote a modern and
efficient transport system,
INFORMATION
ii. enabling electronic issuing of regulatory notices and fees to streamline services
RELEASED UNDER THE
to deliver system efficiencies and customer benefits, and
iii. enabling digital alternatives to physical display requirements (such as Warrant of
Fitness and Certificate of Fitness), to update outdated processes and reduce
administrative costs.
h)
Remove three public transport principles from the LTMA, to reduce compliance costs and
improve regulatory certainty for public transport decision makers.
OFFICIAL
i)
Adjust the Clean Vehicle Standard to enable greater flexibility and reduce compliance
costs by:
i. extending the lifespan of CO2 emission credits that are earned on low emission
vehicles from three years to four years,
ii. removing the legislative restriction on credit transfers between the new and
used import sectors,
iii. enabling targets to be set that are ‘uniform’ and not adjusted for vehicle weight
iv. extending the use of borrowing of future target overachievement (payment
obligation deferral) beyond 2025.
j)
Expand and amend investigation powers under the MTA, for example by amending the
threshold for initiating an investigation from ‘reasonable grounds to believe’ to
‘reasonable grounds to suspect’.
k)
Enable the Minister of Conservation to exercise functions, duties, and powers under Part
3A of the MTA in the Subantarctic and Kermadec Islands as if they were a regional
council or unitary authority. This will allow the Minister of Conservation to manage
maritime safety at the Islands and provide greater assurance for masters, crew and
passengers of ships operating the waters surrounding the Islands.
6. The Bill will also address duplication, gaps, errors, and inconsistencies within transport
legislation to:
1982
a)
Amend errors in the CAA to:
i. ensure Auckland and Wel ington airports can move to the new regime under the
2023 Act and carry out important operational functions (for example, the ability
ACT
to set charges for aerodrome activities), and
ii. clarify that costs can not be recovered via levies where those same costs are
otherwise collected and make minor editorial changes to cross-references.
b)
Amend an error to clarify that NZTA can declare newly built roads to be a state highway.
c)
Strengthen the process through which NZTA can declare vehicles to not be a ‘motor
vehicle’ under the LTA.
d)
Clarify that pedestrians may use approved areas and infrastructure within motorway
corridors. E.g. bus stops.
e)
Clarify the consultation and notification requirements in rule-making powers in the LTA
INFORMATION
and MTA.
RELEASED UNDER THE
f)
Enable local authorities to set infringement fees for overstaying in a carpark below a
maximum cap or within a prescribed range, as legislation originally intended.
g)
Amend an error where ‘accident’ and ‘accident and incident’ are referred to
inconsistently in the (TAICA).
OFFICIAL
h)
Amend the MTA to:
i. update definitions, for example, ‘convention’ to update the process for declaring
conventions under the Act,
ii. require operators of a floating production storage and offloading unit to be
required to pay the maritime levy, and
iii. align the MTA with the Maritime Labour Convention relating to employment and
recruitment.
Secondary legislation and implementation
7. While the Bill enables changes through amendments to primary legislation, amendments to
secondary legislation may be necessary to enable and implement some of the proposals in the
Bill.
8. On 9 June 2025, Cabinet agreed to the Land Transport Rules Reform Programme (CAB-25-MIN-
0187 refers), including progressing changes to regulations and rules to further enable the digital
modernisation proposals under this Bill (i.e. enabling digital licences, e-serving of notices and
fees, and digital alternatives to physical display requirements).
9. It is possible that additional regulations will be needed in the future, to implement proposals
related to the Bil . For example, regulations may be needed to set higher levels of fees, as
enabled by the Bil .
10. If there is a need for future regulations, the relevant Minister will return to Cabinet to seek
further policy decisions.
Conclusion
1982
11. The amendments in the Bil are designed to uphold good regulatory stewardship and ensure the
transport regulatory system remains up to date and fit for purpose.
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Document 9
Neha Pawar
From:
James Ting-Edwards <[email address]>
Sent:
Wednesday, 5 March 2025 3:19 pm
To:
Bonnie Hayvice
Subject:
RE: Cabinet paper for departmental consultation - Regulatory Systems (Transport)
Amendment Bill - strengthening the efficiency of the transport system
Kia Ora Bonnie,
Thanks for a useful chat just now!
As I mentioned, I’m keen to get a bit more information to help us with providing helpful advice in the limited
time available:
There is mention of privacy assessments work which has already been done – if you could share
that with us that would be very helpful!
1982
Proposals 1 and 2 both refer to legislative work on “enabling provisions”, with further
implementation to come over time. I understand that there are some other considerations here (eg
length), but it would be helpful from our perspective if the paper was a bit more specific about the
changes that are in scope at this stage versus what will come later.
ACT
Otherwise, I very much welcome the discussion of privacy in the paper as shared, and we’ll have some
more comments for you when I can brief internally and get those through!
Aku mihi,
James
From: Bonnie Hayvice <[email address]>
Sent: Wednesday, 5 March 2025 2:04 pm
To: "Monica Rogers" <[email address]>; "Rachel Townrow" <[email address]>; "Ben
Temple" <[email address]>; "Linda Cameron" <[email address]>; "Gwen
INFORMATION
Rashbrooke" <[email address]>; James Ting-Edwards <[email address]>;
leavers <[email address]>; Ewan Lincoln <[email address]>; "Olivia Maxwell [TSY]"
RELEASED UNDER THE
<[email address]>; Official Correspondence NZTA <[NZTA request email]>;
"[email address]" <[email address]>; Brendan Gage [DPMC]
<[email address]>; June Ralphs <[email address]>; [email address];
[email address]; [email address]; Hayden Glass <[email address]>; Steve
Penman <[email address]>
Cc: Katrina Quickenden <[email address]>; Jacob Ennis <[email address]>; Declan Lynch
<[email address]>
OFFICIAL
Subject: Cabinet paper for departmental consultation - Regulatory Systems (Transport) Amendment Bill -
strengthening the efficiency of the transport system
Kia ora koutou,
Attached is a Cabinet paper seeking approval to final policy decisions to progress as part of the
Regulatory Systems (Transport) Amendment Bill (the Bill). Please provide feedback before COP
Tuesday 11 March.
1

We intend to take this to CBC on 17 March. Ministerial consultation is being progressed
simultaneously. The short consultation period is due to Ministerial and delegation changes.
Proposals are to:
enable digital driver licences as a convenient alternative to physical documents and
promote a modern and e icient transport system,
enable electronic issuing of regulatory notices and fees to streamline services that will
deliver significant customer benefits,
remove unnecessary display requirements to update outdated processes that will reduce
administrative costs,
re-focus our public transport principles to reduce cost and complexity for public transport
decision-makers,*** and
amend errors in the Civil Aviation Act 2023 to empower airports to set charges and cost-
recover fees, in line with the original intent of the legislation.
*** The Minister of Transport is currently considering whether to progress this proposal through the
1982
Bill. If not, references will be removed prior to lodgement.
All have RIS exemptions, except for the proposal to refocus public transport principles. This is still
being developed, and we will share this when completed, if it does indeed remain as part of the Bill.
ACT
In addition to these five proposals, the Bill would also progress:
a number a minor and technical fixes across land transport, maritime and aviation legislation
that the Ministry of Transport developed under the previous Government, and
decisions already made by Cabinet to both enable councils to set parking fees below
maximum cap (CAB-24-MIN-0220) and enable adjustments to the Clean Vehicle Standard to
save motoring costs for New Zealanders (CAB-24-MIN-0248).
s 9(2)(f)(iv)
Subject to Cabinet agreement, Minister Meager
plans to have the new legislation introduced in June, considered by Select Committee in July-
October,s 9(2)(f)(iv)
INFORMATION
While this Bill will progress the necessary legislative changes to enable the first three proposals,
RELEASED UNDER THE
implementation of digital licences and labels will take time. The Minister of Transport will provide
Cabinet with indicative implementation timeframes and costs, including any privacy risks that
require addressing through the design of services and/or secondary legislation.
Cheers
Bonnie
OFFICIAL
Bonnie Hayvice (she/her)
Kaitohutohu Matua I Senior Policy Advisor – Regulatory Reform
Te Manatū Waka Ministry of Transport
M: s 9(2)(a)
| E: [email address] | transport.govt.nz
2

Document 10
Neha Pawar
From:
GRUSCHOW, Cameron <[email address]>
Sent:
Tuesday, 11 March 2025 12:00 pm
To:
Bonnie Hayvice
Cc:
Katrina Quickenden; Jacob Ennis; Declan Lynch; WHITE, John
Subject:
RE: [EXTERNAL] Cabinet paper for departmental consultation - Regulatory Systems
(Transport) Amendment Bill - strengthening the efficiency of the transport system
Attachments:
OC241457 Cabinet paper - Regulatory Systems (Transport) Amendment Bill final
draft (Police).docx
Hi again Bonnie,
On reflection, could you please disregard our feedback on recommendation four. We presume Police will be able to
do this by linking into the NZTA system (like we currently do on the roadside) and sending a notice electronically.
Apologies for any confusion!
1982
Cam
ACT
Cameron Gruschow (he/him)
Policy Advisor II: People and Communities
Policy Group
E [email address]
[SEEMAIL]
INFORMATION
From: GRUSCHOW, Cameron
Sent: Tuesday, March 11, 2025 10:22 AM
RELEASED UNDER THE
To: 'Bonnie Hayvice' <[email address]>
Cc: Katrina Quickenden <[email address]>; Jacob Ennis <[email address]>; Declan Lynch
<[email address]>; WHITE, John <[email address]>
Subject: RE: [EXTERNAL] Cabinet paper for departmental consultation - Regulatory Systems (Transport) Amendment
Bill - strengthening the efficiency of the transport system
Hi Bonnie,
OFFICIAL
Thanks for providing Police the opportunity to comment on the attached draft Cabinet paper.
We have focussed our comments and suggestions on proposals 1-3.
Our main suggestion is to include Police in recommendation 4 (‘agree to facilitate the electronic issuing of
infringement and other regulatory notices as an enforcement mechanism, including by requiring the provision of
electronic addresses to the NZTA if the recipient has one’).
Thanks again Bonnie.
1
Ngā mihi nui,
Cam
Cameron Gruschow (he/him)
Policy Advisor II: People and Communities
Policy Group
E [email address]
[SEEMAIL]
1982
From: Bonnie Hayvice <[email address]>
Sent: Friday, March 7, 2025 3:06 PM
To: GRUSCHOW, Cameron <[email address]>
Cc: Katrina Quickenden <[email address]>; Jacob Ennis <[email address]>; Declan Lynch
ACT
<[email address]>
Subject: RE: [EXTERNAL] Cabinet paper for departmental consultation - Regulatory Systems (Transport) Amendment
Bill - strengthening the efficiency of the transport system
Thanks Cameron, that is good advice. I will send the paper their way now.
Look forward to receiving your feedback next week.
Cheers
Bonnie
Bonnie Hayvice (she/her)
Kaitohutohu Matua I Senior Policy Advisor – Regulatory Reform
INFORMATION
Te Manatū Waka Ministry of Transport
M: s 9(2)(a)
| E: [email address] | transport.govt.nz
RELEASED UNDER THE
From: GRUSCHOW, Cameron <[email address]>
Sent: Friday, 7 March 2025 2:59 pm
To: Bonnie Hayvice <[email address]>
OFFICIAL
Cc: Katrina Quickenden <[email address]>; Jacob Ennis <[email address]>; Declan Lynch
<[email address]>
Subject: RE: [EXTERNAL] Cabinet paper for departmental consultation - Regulatory Systems (Transport) Amendment
Bill - strengthening the efficiency of the transport system
Hi Bonnie,
I’m working on providing feedback to you on this draft Cabinet paper (specifically proposals 1-3) by Tuesday.
2

I just wanted to check whether MoT has consulted with the Office of Rural Communities at MPI? Some of these
changes may be a bit more difficult to implement in rural settings.
They can be contacted at: [email address]
Ngā mihi nui,
Cam
Cameron Gruschow (he/him)
Policy Advisor II: People and Communities
Policy Group
E [email address]
1982
[SEEMAIL]
Duplication of email dated 5 March 2025 from Bonnie H
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
$WWDFKPHQW
I N C O N F I D E N C E
In-confidence
Office of the Associate Minister of Transport
Cabinet Economic Policy Committee
Regulatory Systems (Transport) Amendment Bil – strengthening
the efficiency of the transport system
Proposal
1
I seek Cabinet agreement to proposals to progress through the Regulatory Systems
1982
(Transport) Amendment Bill (the Bill) to enable a more effective and efficient
transport system.
Relation to government priorities
2
The proposals will deliver on commitments made in the Government Policy
ACT
Statement on Land Transport as well as support other Government priorities
including: to improve the quality and performance of regulatory systems; the digital
modernisation of services; and to reduce unnecessary government spending.
Executive Summary
3
Our transport system is managed by a significant legislative framework. Duplications,
gaps, errors and inconsistencies across legislation creates an unnecessarily complex
system for users to engage with and for government to administer. This generates time
and costs that hold us back from meeting our transport objectives.
4
The Minister of Transport and I have identified a number of legislative solutions that
would improve the effectiveness and efficiency of the transport system by:
4.1
modernising legislation to enable convenient digital service alternatives to
physical licences and labels, and
4.2
streamlining and clarifying provisions to reduce complexity and ensure
INFORMATION
legislation functions as intended.
RELEASED UNDER THE
5
I seek approval to issue drafting instructions to the Parliamentary Counsel Office
(PCO) for the following proposals:
5.1
Proposal 1 – enabling digital driver licences as a convenient alternative to
physical documents and promote a modern and efficient transport system,
5.2
Proposal 2 – enabling electronic issuing of regulatory notices and fees to
streamline services that will deliver significant customer benefits,
5.3
Proposal 3 - removing unnecessary display requirements to update
OFFICIAL
outdated processes that will reduce administrative costs,
1
I N C O N F I D E N C E
I N C O N F I D E N C E
5.4
Proposal 4 – re-focusing our public transport principles to reduce cost and
complexity for public transport decision-makers, and
5.5
Proposal 5 – amending errors in the Civil Aviation Act 2023 to empower
airports to set charges and cost-recover fees, in line with the original intent of
the legislation.
6
I intend to progress these proposals through the Regulatory Systems (Transport)
Amendment Bill (the Bill). s 9(2)(f)(iv)
7
Through the Bill, I also intend to progress:
1982
7.1
a number a minor and technical fixes across land transport, maritime and
aviation legislation that the Ministry of Transport developed under the
previous Government (Appendix Two), and
7.2
decisions already made by Cabinet to both enable councils to set parking fees
ACT
below maximum cap (CAB-24-MIN-0220) and enable adjustments to the
Clean Vehicle Standard to save motoring costs for New Zealanders (CAB-24-
MIN-0248).
8
To advance these changes as a single bill requires cross-party support from the
Business Committee. While I generally consider these amendments to be either
technical or non-contentious, if any of these proposals prove otherwise, I intend to
split them into separate bills.
9
Subject to Cabinet agreement, I will return in June with draft legislation for these
proposals. The need for amendments to enable the changes to the Clean Vehicle
Standard drive the Bill’s timeline, as they need to be in force by the end of the year to
deliver as we have committed. It is also important that we amend the numbering error
in the Civil Action Act 2023 (that comes into force on 5 April 2025) as soon as
possible to ensure airport operators can carry out important operational functions.
10
While I intend for legislative changes to be enacted this year, the digitisation of
licences and labels will take time to implement and for public to select this
INFORMATION
alternative. NZTA will participate in a co-design digital driver licence solution with
Austroads. Following this, The Minister of Transport can provide Cabinet with
RELEASED UNDER THE
indicative implementation timeframes and costs, including any privacy risks that
require addressing through the design of services and/or secondary legislation.
Background
An effective and efficient transport system requires a strong regulatory framework
11
Our transport system connects us all. When it works well, it enables New Zealanders
to safely and simply access the services they need to get places and run their
businesses. Ensuring our transport system’s efficient and effective operation is
OFFICIAL
therefore key to New Zealand’s economic prosperity and wellbeing.
2
I N C O N F I D E N C E
I N C O N F I D E N C E
12
A significant legislative framework underpins the transport sector: 26 transport-
related Acts, 15 Regulations, and 151 Rules across land, aviation and maritime.
Regularly maintaining and improving this framework is fundamental to maintaining
its effectiveness and efficiency and reduce the chance of regulatory failure.
13
This Government understands the importance of reducing regulatory complexity and
improving the quality and performance of regulatory systems. To support us to
achieve this, the Minister of Transport intends to modernise a wide set of transport
rules and will update Cabinet throughout the year as this work progresses. I also
consider there to be a suite of amendments to legislation that are long overdue. I am
seeking Cabinet’s agreement to a number of these proposals that if progressed, would
modernise legislation and generate greater system efficiencies. Proposals will achieve
this by:
1982
13.1 modernising legislation to enable convenient digital service alternatives to
physical licences and labels, and
13.2 streamlining and clarifying provisions to reduce complexity and ensure
ACT
legislation functions as intended.
Proposals
Commented [GC1]: It is likely that this package of
proposals wil require ICT changes across NZTA and
Police systems to ensure all relevant information is
Our transport legislation needs modernising to keep up with developing technologies
available for frontline staff.
14
Currently, New Zealanders rely on physical licences and paper-based labels to engage
Commented [CG2]: They are also used as a form of ID
verification for other sectors (e.g. sale and supply of
with the transport system and access NZTA services. Associated requirements to hold
alcohol, employment etc.). You may want to refer to this
and display these can be unnecessarily costly and onerous for users and administrators
in the Cabinet paper.
of the transport services alike.
Commented [GC3]: We support this proposal.
15
I am proposing a suite of amendments, agreed to by the Minister of Transport, that
Could you confirm this proposal wil not replace physical
driver licences? I.e. drivers who are given a digital
would enable the digitisation of key transport documentation. By enabling convenient
driver licence wil also be given a physical licence too.
alternatives that enhance efficiency, this supports the Government’s digital
Commented [CG4]: To get optimal benefits, the
modernisation goals that aims to promote a modern and efficient public service.
opportunity should be taken specify the legal authority
to issue regulatory notices and fees by sending a
16
I am seeking Cabinet agreement to:
notification to electronic driver licences (Proposal 1), not
just email addresses, with a provision that deems the
documents served when delivered by this means.
16.1
Proposal 1 – enabling digital driver licences: make a series of legislative
INFORMATION
amendments including to the Land Transport Act 1998 to enable the use of
This would enable considerable cost savings for
digital driver licences. This would include the definition of a driver licence
enforcement agencies, some of which could be passed
onto driver licence holders due to reduced
RELEASED UNDER THE
and sections that require a physical licence.
administration costs. It would also enable near real
time driver licence changes, such as suspensions,
16.2
Proposal 2 – enabling electronic issuing of regulatory notices and fees:
medical revocations, licence reinstatements, licence
make a series of legislative amendments, including to the Land Transport Act
condition changes and changes in licence type or
licence class endorsements, etc., with no requirement
1998 to facilitate the electronic issuing (e.g. emailing) of infringement and
to print and post these documents. There are examples
other regulatory notices including making the provision of email addresses to
of this already in place and working well in other
NZTA mandatory upon request (as is the case for postal addresses), and
jurisdictions.
Out of Scope
16.3
Proposal 3 - removing unnecessary display requirements: make a series of
legislative and regulatory amendments that would update requirements to
OFFICIAL
carry and display physical licences and labels such as a Warrant of Fitness
(WoF), Certificate of Fitness (CoF) and alternative fuel inspection certificates
where digital alternatives are available. Physical display is a dated practice
3
I N C O N F I D E N C E
link to page 178 link to page 178
I N C O N F I D E N C E
that does not align with the future direction of the transport system and carries
an unnecessary administration cost. This proposal would include amendments
to the Land Transport Act 1998; Land Transport (Motor Vehicle Registration
and Licensing) Regulations 2011; and Land Transport (Offences and
Penalties) Regulations 1999.
1
17
While these proposals would make the necessary primary legislation changes to
enable digital licences and labels in the future, digitisation of physical licences and
labels will take time to implement and for public to opt in to this alternative. A key
part of design is the need to ensure there are not any unintended privacy implications
before implementation.
Commented [GC6]: It wil also be important to ensure
there are adequate safeguards in place that prevent
18
For Proposal 1, NZTA will participate in a co-design digital driver licence solution
people tampering with digital licences, especially as tool
1982
with Austroads.
2 Following this, the Minister of Transport can provide Cabinet with
like artificial intelligence becomes more intelligent.
indicative implementation timeframes and costs, including any privacy risks that
require addressing through the design of services and/or secondary legislation. For
Proposals 2 and 3, the Minister of Transport will return to Cabinet later this year with
more detail on service design and delivery options, timeframes and associated costs.
ACT
Other amendments to streamline and clarify legislation will save time and costs
19
The government’s overarching public transport objectives are incorporated into
legislation through principles set out in Part 5 of the Land Transport Management Act
(LTMA) 2003, which regulates public transport. Those that exercise powers and/or
perform function under Part 5 (such as NZTA and other transport authorities and
operators) must be guided by these principles.
20
The principles cover a wide range of competing objectives that can add regulatory
complexity for public transport decisions makers. To reduce compliance costs and
improve regulatory certainty for public transport decision makers, I am seeking
Cabinet agreement to progress the Minister of Transport’s decision to:
20.1
Proposal 4 – re-focusing our public transport principles: remove the
following public transport principles from legislation:
20.1.1 (1)(a) - well-used public transport services reduce the environmental
INFORMATION
and health impacts of land transport, including by reducing reliance
on single-occupant vehicles and using zero-emission technology
RELEASED UNDER THE
20.1.2 (1)(b) - public transport services support a mode shift from private
motor vehicle use and equitable access to places, facilities, services,
and social and economic opportunities if they are co-ordinated,
integrated, reliable, frequent, accessible, affordable, and safe; and
20.1.3 (1)(c) - fair and equitable employment or engagement of people in
the public transport workforce should ensure that there is a
1 Changes required to enable digital Road User Charges (RUC) licences will be progressed separately, as will
OFFICIAL
and rule changes required.
2 Austroads is the association of the Australian and New Zealand transport agencies, representing all levels of
government. Austroads is a not-for-profit, nonpartisan organisation and are funded by Australian and New
Zealand government transport agencies.
4
I N C O N F I D E N C E
link to page 179
I N C O N F I D E N C E
sufficiently robust labour market to sustain and expand public
transport services.
21
Removing these will result in a more cohesive set of public transport principles that
are in closer alignment with my transport priorities and the purpose of the LTMA. In
the absence of these principles, non-regulatory mechanisms, such as procurement
guidance and letters of expectation, will continue to play an important role in
supporting the sector to deliver efficient and effective public transport services.
22
In addition, I am seeking Cabinet agreement to:
22.1
Proposal 5 – amending errors in the Civil Aviation Act 2023: authorise the
Minister of Transport to update cross references and address other digital
1982
matters in the Civil Aviation Act 2023.
23
This proposal would enable two sets of consequential amendments resulting from
error in the drafting process.
24
The first relates to the setting of charges, which is an important element of an airport’s
ACT
operation. However, a numbering error made when enacting the Civil Aviation Act
2023 (that comes into force 5 April 2025) has resulted in Wellington and Auckland
airports not being able to set charges for “identified aerodrome activities provided,
operated, or managed by the airport operator”.
3 This proposal would enable
consequential amendments allowing Wellington and Auckland airports to use the
powers outlined in s230 of the Civil Aviation Act 2023 to set charges, as originally
intended.
25
The second proposal is for a minor technical amendment to clarify that costs can be
recovered via levies unless those same costs are otherwise collected or to be collected
via the Airports (Cost Recovery for Processing of International Travellers) Act 2014.
This would align the Civil Aviation Act with the Customs and Excise Act 1996 and
the Biosecurity Act 1993, which already contain these clarifying statements. This
amendment fills an unintended legislative gap that exists because the Civil Aviation
Act 1990 was not consequentially amended to include this statement when the
aviation security levies were later introduced.
INFORMATION
Next steps
I intend to introduce an omnibus Bill to progress the range of regulatory fixes across the
RELEASED UNDER THE
transport system
26
I intend to progress a Regulatory Systems (Transport) Amendment Bill (the Bill) that
will provide the necessary legislative vehicle to progress these proposals. I also intend
for the following to be advanced through this Bill:
26.1 decisions already made by this Government in June 2024, to enable councils
to set parking fees below a maximum cap (CAB-24-MIN-0220) and in July
2024 to change the Clean Vehicle Standard to enable greater flexibility and
OFFICIAL
reduce compliance costs (CAB-24-MIN-0248); and
3 S230, Civil Aviation Act 2003
5
I N C O N F I D E N C E
I N C O N F I D E N C E
26.2 a number of minor and technical amendments to legislation that were
developed by the Ministry of Transport under the previous Government
(CAB-22-MIN-0177). A full list of amendments previously agreed is outlined
in Appendix Two.
27
I expect to return to Cabinet in June with draft legislation. Subject to Cabinet
agreement, I anticipate introducing this Bill to the House in June 2025 and passed in
s 9(2)(f)(iv)
Milestone/Activity
Timeframe
Cabinet considers draft legislation
June 2025
1982
Business Committee considers the Bil
June 2025
Introduction of the Bil
June 2025
Select Committee
July – October 2025
ACT
s 9(2)(f)(iv)
28
The need for amendments to enable the changes to the Clean Vehicle Standard drive
the Bill’s timeline, as they need to be in force by the end of the year to deliver as we
have committed. It is also important we amend the numbering error in the Civil
Action Act 2023 as soon as possible to ensure airport operators can carry out
important operational functions.
Implementation
29
Legislative amendments to enable digital licences and labels alongside physical
licences (Proposal 1 to 3) will be implemented at a later date. This provides an
opportunity for NZTA to ensure privacy risks are managed prior to implementation,
and that new digital channels are attractive to use to encourage customers to select to
transact digitally.
INFORMATION
30
NZTA and the Department of Internal Affairs are working to develop and implement
the digital driver licence platform. NZTA will participate in a co-design digital driver
RELEASED UNDER THE
licence solution with Austroads. Following this, the Minister of Transport will
provide Cabinet with indicative implementation timeframes and costs, including any
privacy risks that require addressing through the design of services and/or secondary
legislation. For proposed changes to other labels and licences, the Minister of
Transport will return to Cabinet this year with more detail on service design and
delivery options, timeframes and associated costs.
31
Other proposed amendments are minor and technical legislative changes that will be
implemented following the enactment of the proposed Bill.
OFFICIAL
6
I N C O N F I D E N C E
I N C O N F I D E N C E
Cost-of-living Implications
32
By removing or simplifying carrying and display requirements that bring unnecessary
administration costs, these proposals will overtime reduce the cost of living as
changes flow through to more sustainable fees and charges for the services NZTA
administers. Other amendments designed to streamline legislation will also support
this outcome.
33
Other proposals in this paper do not have material cost-of-living implications.
Financial Implications
34
These proposals have no significant financial implications. However, there will be
1982
costs associated with the implementation of digital driver licences, enabling electronic
issuing of regulatory notices and fees, and removing unnecessary display
requirements. I will return to Cabinet with service design and delivery options later
this year which will include estimated costs.
Legislative Implications
ACT
35
The proposals in this paper will require changes across primary and secondary
legislation including: Land Transport Act 1998; Land Transport Management Act
2003; Civil Aviation Act 2023; Land Transport (Motor Vehicle Registration and
Licensing) Regulations 2011; Land Transport (Offences and Penalties) Regulations
1999; Railways Act 2005; Motor Vehicle Registration Regulations; and Infringement
and Reminder Notices and Regulations.
36
I intend for these proposals to be progressed through the Bill, which I anticipate
introducing to the House in June 2025 s 9(2)(f)(iv)
Impact Analysis
Regulatory Impact Statement
Proposals 1 to 3
INFORMATION
37
The Ministry for Regulation has determined these proposals are exempt from the
RELEASED UNDER THE
requirement to provide a Regulatory Impact Statement on the grounds they have no or
only minor impacts on businesses, individuals, and not-for-profit entities, or only
minor economic, social, or environmental impacts.
Proposal 4 [determination being sought]
Proposal 5
38
The Ministry of Transport have claimed an exemption under Cabinet Office circular
CO(24)7 for the proposal to authorise the Minister of Transport to update cross
OFFICIAL
references and address other digital matters in the Civil Aviation Act 2023 (Proposal
5) on the grounds it is for a matter suitable to be included in a Statutes Amendment
Bill (as provided for in Standing Orders).
7
I N C O N F I D E N C E
I N C O N F I D E N C E
Climate Implications of Policy Assessment
39
The Climate Implications of Policy Assessment (CIPA) team has been consulted and
confirms that CIPA requirements do not apply to the proposals as none are expected
to result in any significant, direct emissions impacts.
Privacy Impact Assessments
40
Privacy Impact Assessments are used to identify and assess the privacy risks arising
from the collection, use and handling of personal information. When implemented,
proposals to digitise licences and labels (Proposal 1 to 3) would change the means in
which information is collected, used and handled. Some evaluation of privacy risks
has already been conducted by NZTA.
1982
Proposal 1 – Enabling the use of digital driver licences:
41
The privacy impact of decisions on the design and implementation of a digital driver
licence will need to be considered. There have been data breaches and other
cybersecurity risks in Australia associated with uptake of these licences that we can
ACT
learn from. There are also risks associated with handing over smartphones to a person
checking IDs. Officials will analyse and seek to mitigate or build safeguards against
these risks as the product is designed and the secondary legislation developed. For
now I am seeking to make the primary legislation enabling of digital forms of driver
licences.
42
NZTA’s initial analysis finds potential risks regarding the accuracy and verification of
driver licence information and the appropriate safeguarding of this data. However,
NZTA has existing obligations under the Privacy Act 2020 to ensure customer data is
accurate and that there are safeguards in place to prevent unauthorised loss, misuse, or
disclosure of personal information. NZTA will align their work with the Digital
Identity Services Trust Framework (New Zealand’s legal framework including rules
and regulations for how digital identify services that are accredited should work,
protect information and privacy). It is partnering with experts to ensure international
standards are met as this technology is developed and implemented.
43
Initial evaluation also determines it to be preferable that NZTA do not use Unique
Identifiers for individuals given existing restrictions set out in the Privacy Act 2020.
INFORMATION
NZTA is seeking technical advice on whether an alternative way of referencing users
can be developed. RELEASED UNDER THE
Proposal 2 – facilitating electronic issuing of regulatory notices and fees:
44
NZTA assessed the impact of this proposal as ‘medium’, as while there is some
personal information involved, any risks can be mitigated satisfactorily.
45
NZTA also assesses that the proposal will reduce risks as e-servicing will enable
emails and attachments to both be password-protected to enhance privacy. This has
fewer privacy risks than the current practice of posting such notices to physical
addresses, with no confirmation of receipt, and in envelopes that can be opened by
OFFICIAL
anyone.
Proposal 3 – removing unnecessary display requirements
8
I N C O N F I D E N C E
I N C O N F I D E N C E
46
NZTA assessed the impact of this proposal as ‘low’ as the use of personal information
is uncontroversial, and the risk of harm eventuating is negligible.
Population Implications
47
There are no population implications arising from these proposals.
Human Rights
48
Where proposals are enabling the use of technology, there will be an ongoing ability
to opt for the traditional route of being, for example, sent a notice via mail and
provide a physical copy of one’s driver’s licence. This recognises that while
technology can be enabling for many people and organisations, it can act as a barrier
1982
for others.
Use of external Resources
49
No external resources were used in policy development of the proposals or drafting of
this paper.
ACT
Consultation
Commented [GC7]: Proposals 1-3 could impact people
in rural communities i.e. if electronic displays require a
50
The following agencies were consulted on the contents of this paper:
network connection to use.
[PLACEHOLDER].
51
I do not propose to take further targeted or public consultation on the proposals
outlined in this paper. However, proposals outlined in Appendix Two underwent
public consultation between 1 June to 8 July 2022.
Communications
52
Once legislative drafting is complete, I will share my communications approach
including advising stakeholders of the Select Committee process to submit on the
contents of the Bill. The Minister of Transport intends to separately announce, in
conjunction with the Minister for Digitising Government, the decision to progress
changes to the Land Transport Act to enable a digital driver licence.
INFORMATION
Proactive Release
53
This Cabinet paper and its corresponding minute will be proactively released within
RELEASED UNDER THE
30 business days of final policy decisions being taken by Cabinet.
Recommendations
The Associate Minister of Transport recommends that the Committee:
1
note that amendments are required across transport legislation to support effective
regulatory stewardship and an efficient transport system.
OFFICIAL
2
note that I intend to progress these amendments through the Regulatory Systems
(Transport) Amendment Bills 9(2)(f)(iv)
9
I N C O N F I D E N C E
I N C O N F I D E N C E
s 9(2)(f)(iv)
3
agree to enable the use of digital driver licences.
4
agree to facilitate the electronic issuing of infringement and other regulatory notices
as an enforcement mechanism, including by requiring the provision of electronic
addresses to the NZTA if the recipient has one.
5
agree to enable digital in-vehicle labels and update the requirement to carry and
display physical labels where a digital alternative is available.
6
agree to remove the following three public transport principles in legislation:
1982
6.1
well-used public transport services reduce the environmental and health
impacts of land transport, including by reducing reliance on single-occupant
vehicles and using zero-emission technology,
6.2
public transport services support a mode shift from private motor vehicle use
ACT
and equitable access to places, facilities, services, and social and economic
opportunities if they are co-ordinated, integrated, reliable, frequent, accessible,
affordable, and safe,
6.3
fair and equitable employment or engagement of people in the public transport
workforce should ensure that there is a sufficiently robust labour market to
sustain and expand public transport services.
7
authorise the responsible Minister to issue drafting instructions to the Parliamentary
Counsel Office to update cross references and address other editorial matters in the
Civil Aviation Act 2023
8
invite the Minister and Associate Miniter of Transport to issue drafting instructions to
the Parliamentary Counsel Office to give effect to proposals in recommendations 2 to
5 (including for primary legislation and any associated regulations), including any
necessary consequential amendments, savings and transitional provisions.
9
authorise the Minister and Associate Minister of Transport to make policy decisions
INFORMATION
that are consistent with the overall policy, provided that these decisions are confirmed
when the Bill is considered for introduction.
RELEASED UNDER THE
Once the Minister has approved the draft Cabinet paper for lodgement for Cabinet or a
Cabinet committee, this section should be updated to state ‘Authorised for lodgement’.
Hon James Meager
Associate Minister of Transport
OFFICIAL
10
I N C O N F I D E N C E
I N C O N F I D E N C E
Appendix One: Summary of final policy proposals for Cabinet agreement
Proposal
Description
Relevant
Comment
legislation
Enabling digital Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption 1982
driver licences
Land Transport Act 1998 to enable the use of digital driver licences. This 1998
(DDL)
includes amending the definition of a driver licence and sections that
This is an enabling
require a physical licence. This change supports the Digitising
provision. Implementation
Government approach that aims to promote a modern and efficient public
wil take time and have
service by providing people with a convenient alternative to carrying a
associated costs. There are
ACT
physical copy of their driver licence.
outstanding privacy
considerations that need to
be worked through.
Better enabling Proposal to make a series of legislative amendments including to the
Land Transport Act
RIS exemption
NZTA to email
Land Transport Act 1998 to facilitate the electronic issuing (e.g. emailing) 1998
regulatory
of infringement and other regulatory notices. This includes sections that
This is an enabling
notices and fees specify how regulatory notices are sent and making the provision of email
provision. Implementation
addresses to NZTA mandatory upon request (as is the case for postal
wil take time and have
addresses). This change also supports the Digitising Government
associated costs, although
approach that aims to promote a modern and efficient public service and
these costs wil , in part, be
reduce unnecessary administration cost.
balanced by administrative
savings in the long-term.
Enabling digital Proposal to make a series of legislative amendments that would remove Land Transport Act
RIS exemption
in-vehicle labels requirements to carry and display physical licences and labels. This is a
1998; Land
dated practice that does not align with the future direction of the transport Transport (Motor
This is an enabling
system and carries an unnecessary administration cost. This proposal
Vehicle Registration provision. Implementation
INFORMATION
would include amendments to the Land Transport Act 1998, Land
and Licensing)
wil take time and have
Transport (Motor Vehicle Registration and Licensing) Regulations 2011,
Regulations 2011;
associated costs, although
and Land Transport (Of ences and Penalties) Regulations 1999 to
Land Transport
these costs wil , in part, be
RELEASED UNDER THE
provide flexibility by enabling digital in-vehicle labels to be displayed.
(Offences and
balanced by administrative
Penalties)
savings in the long-term.
Regulations 1999
11
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
Re-focusing our Proposal to amend the Land Transport Management Act’s (LTMA) public Land Transport
RIS TBD
public transport transport principles set out in Part 5, section 115 by removing three
Management Act
principles
principles that add cost and complexity for public transport decision-
2003
makers. Removing these principles wil help to improve alignment
between the remaining public transport principles with Government
1982
priorities and the purpose of the LTMA, reduce compliance costs and
improve regulatory certainty for public transport decision makers.
Amending an
Proposal to authorise the Minister of Transport to update cross
Civil Aviation Act
RIS exemption
error in the Civil references and address other digital matters in the Civil Aviation Act
2023
Aviation Act
2023. This would enable two sets of consequential amendments:
ACT
2023
a) allowing Wellington and Auckland airports to use the powers
outlined under S230 of the Civil Aviation Act 2023 to set charges
(Associate
as intended.
Minister
The setting of charges is an important element of an airport’s
responsible)
operation. However, a numbering error made when enacting the
Civil Aviation Act 2023 has resulted in Wellington and Auckland
airports not being able to set charges for ‘identified aerodrome
activities provided, operated, or managed by the airport operator’,
and
b) clarify that costs can be recovered via levies unless those
same costs are otherwise collected or to be collected via the
Airports (Cost Recovery for Processing of International Travellers)
Act 2014. This would align the Civil Aviation Act with the Customs
and Excise Act 1996 and the Biosecurity Act 1993, which already
contain these clarifying statements. This amendment fil s an
unintended legislative gap that exists because the Civil Aviation
Act 1990 was not consequentially amended to include this
statement when the aviation security levies were later introduced
INFORMATION
RELEASED UNDER THE
12
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
Appendix Two: Summary of proposals agreed to by Cabinet in November 2022 (CAB-22-MIN-0177)
Land proposals
Proposal
Description
Relevant Legislation
Al ow the NZTA to
Proposal to amend the Government Roading Powers Act 1989 (GRPA).
Government Roading Powers Act
1982
proactively close parts
This wil align NZTA’s powers with other Road Controlling Authorities.
1989
of the State Highway
network to address
safety concerns
Pedestrian access to
The GRPA restricts pedestrian access to motorways. This proposal wil
Government Roading Powers Act
ACT
approved areas within
update GRPA provisions to clarify that pedestrians may use approved
1989
motorway corridors
areas and infrastructure (e.g. bus stops).
New offence and powers Drivers and owners of freight, vehicle recovery, and passenger service
Land Transport Act 1998
relating to Transport
vehicles are required to hold a TSL. The Land Transport Act 1998 (LTA)
Service Licences (TSL)
prohibits transferring, assigning, or leasing a TSL but there is no
corresponding offence. Propose to amend the LTA to: add an offence,
expand NZTA’s audit ability, extend power to suspend a TSL, and require
a fit/proper person check for a new person added to a TSL.
Simplify the Rule
This proposal wil remove duplicative consultation requirements in section Land Transport Act 1998
consultation process to 161(2)(c) of the LTA that are adequately covered in section 161(2)(b). The
remove duplication
Maritime Transport Act 1994 (MTA) and Land Transport Management Act
2003 (LTMA) wil be amended in the same way. This wil align transport
sector consultation practice with the Civil Aviation Act 2023.
Introducing emergency
Enable the Director of Land Transport to extend the term of any land
Land Transport Act 1998
powers for the Director
transport document when a state of national or local emergency has been
of Land Transport
declared, an Epidemic Notice is in force, or with the Minister of Transport’s
agreement. It wil also introduce new powers for the Director of Land
Transport to: require any vehicle, or class of vehicle, to present for
INFORMATION
inspection by a specified date, and be able to revoke the Certificate/
Warrant of Fitness of a class of vehicles on the grounds of not meeting
RELEASED UNDER THE
safety requirements.
Increase the maximum
This proposal wil raise the maximum fees and fines that can be made
Land Transport Act 1998
level of fines and
through regulations under section 167 of the LTA. Maximum penalties for
infringement fees that
an individual wil vary from $2,000 to $3,000 for infringement fees, and
from $10,000 to $15,000 for fines before a court order. This would require
13
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
can be set through
public consultation on proposed amounts for specific offences. (This is a
regulations
separate initiative to the Fees and Penalties work)
Amend a drafting error
A drafting oversight in the LTMA means NZTA cannot legally declare a
Land Transport Management Act
to enable NZTA to
new road it has constructed as a state highway. Proposal to amend the
2003
declare a road as being
definition of road in the LTMA to correct this, and to ensure the validity of
1982
a state highway
State highway declarations and any enforcement activities.
Clarify the criteria and
The E-Scooters (Declaration not to be motor vehicles) Notice 2018 led to
Land Transport Act 1998
consultation
complaints to the Regulations Review Commit ee about a lack of
requirements for when
transparency, and a lack of consultation by NZTA. Propose to amend the
NZTA can declare a
LTA to require that when NZTA declares a vehicle is not a motor vehicle,
ACT
vehicle to not be a motor they have regard to how the declaration wil contribute to a safe, inclusive
vehicle
and environmentally sustainable land transport system. The NZTA must
also conduct an appropriate level of consultation prior to making a
declaration.
Introduce reactive
Proposal to introduce new powers for NZTA to freeze a scene to preserve Railways Act 2005
investigation powers
and collect evidence, access sites to investigate or carry out verification
under the Railways Act
inspections, request materials to be supplied for examination, interview
2005
personnel involved in a safety occurrence and require identified failings to
be remediated by the rail participant.
Al owing rail safety case Al rail licence holders are required to have a safety system with an
Land Transport Act 11998
applications to be
overarching safety case approved by NZTA. A 20-working day limit applies
paused
to applications for safety case approval. This proposal wil amend the LTA
to introduce a ‘stop-the-clock’ provision when NZTA requires further
information from an applicant, either for a new application or a variation to
a safety case.
Maritime Proposals
INFORMATION
Proposal
Description
Relevant Legislation
Confer maritime safety
This proposal extends the functions, duties, responsibilities and powers of Maritime Transport Act 1994
RELEASED UNDER THE
powers on the Minister
a regional council relating to maritime safety under Part 3A the MTA to the
of Conservation in the
Minister of Conservation. This wil allow the Minister of Conservation to
Subantarctic and
manage maritime safety at the Islands, with access to a system of powers
Kermadec Islands
in line with the rest of New Zealand.
14
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
Update the definition of Under the MTA, amendments to an international convention to which New Maritime Transport Act 1994
a ‘convention’ in the
Zealand is a party are not defined as part of the convention. This proposal
MTA
wil amend the definition of ‘convention’ to incorporate subsequent
amendments. This wil avoid multiple Orders in Council being required to
recognise that amendments have been made.
1982
Clarifying the threshold Currently section 54A of the MTA requires the Director of Maritime New
Maritime Transport Act 1994
for starting an
Zealand (the Director) to have ‘reasonable grounds to believe’ non-
investigation of a
compliance with the requirements of a maritime document before initiating
ACT
maritime document
an investigation. ‘Belief’ implies a substantial level of evidence, which does
holder
not enable the Director to uncover covert breaches. This proposal wil
amend the threshold to ‘reasonable grounds to suspect’.
Provide certainty that
This proposal wil establish that the Director can investigate a maritime
Maritime Transport Act 1994
breaches of maritime
document holder under section 54A where there are reasonable grounds
document holders’
to suspect a breach of their general duties under section 17 of the MTA.
duties are grounds for
an investigation
Addressing an
The MLC is an International Labour Organization treaty that sets out
Maritime Transport Act 1994
inconsistency with the
minimum standards to address the welfare and employment conditions of
Maritime Labour
seafarers. The MLC came into force in New Zealand in 2017.
Convention 2006 (MLC)
in respect to prohibiting The MLC allows charges for placing seafarers in employment provided
charges for placing
charges are not borne directly or indirectly by the seafarer. Section 27 of
seafarers in employment the MTA prohibits people providing seafarer recruitment and placement
services from charging for the service. This proposal wil align the MTA
with the MLC by removing the prohibition in section 27 of the MTA on
charging for seafarer recruitment and placement services.
INFORMATION
Aligning seafarer
This proposal wil amend section 2 of the MTA to replace the definition of
Maritime Transport Act 1994
employment agreement ‘Articles of Agreement’ with the MLC definition of ‘seafarers’ employment
RELEASED UNDER THE
clauses with MLC
agreement’.
requirements
Align the MTA with the
Section 22(1)(d) of the MTA specifies that if requested by the seafarer, an Maritime Transport Act 1994
MLC requirement that a employer on a New Zealand ship on an overseas voyage must provide a
seafarer’s record of
15
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
employment need not
certificate as to the quality of the seafarer’s work. This proposal wil repeal
include any statement
section 22(1)(d).
as to the quality of their
work
Aligning with the MLC
Section 26(3) of the MTA states that an employer may employ two persons Maritime Transport Act 1994 1982
requirement to prohibit
under the age of 18 to take the place of a single trimmer or stoker, if
people younger than 16 reasonable steps have been taken to find someone 18 or over. Section
years old from working
26(4) allows the Director of Maritime NZ to approve the employment of a
on a ship and people
school-aged person to carry out work on a training ship. These two
under 18 from
provisions wil be removed.
ACT
undertaking hazardous
work
Revising and
The MLC places a number of obligations on ‘shipowners’. The MTA does
Maritime Transport Act 1994
reorganising Part 3 of
not use this term and refers to ‘employers’. This proposal wil insert a
the MTA to align it with
definition of ‘shipowner’ into the MTA. Al references to ‘employers’ in Part
the MLC
3 of the MTA wil be changed to ‘shipowner’. Other changes to Part 3 to
reflect MLC obligations include shifting the duty to provide food and
drinking water from the employer to the shipowner; introducing a
requirement for documentary evidence of financial security for the
purposes of repatriation of seafarers to be set by maritime rules; and
prohibiting advanced payments to cover costs of repatriation of a seafarer.
Clarifying rule-making
This proposal wil amend the MTA to clarify that the scope of its rule-
Maritime Transport Act 1994
and compliance powers making powers extends to minimum requirements for seafarers to work on
to support the
a ship; conditions of employment on a ship; repatriation of seafarers; and
implementation of MLC
the liability of shipowners to assist seafarers in the event of abandonment.
requirements
Amending the definition In section 2 of the MTA, the term ‘unit of account’ is used to represent an
Maritime Transport Act 1994
of unit of account
internationally defined value that can be used to calculate the limit of
INFORMATION
liability or recompense for damage or loss. Currently, section 2 of the MTA
defines unit of account only with reference to Part 7 of the Act, when Parts
16, 25 and 26 are also relevant. This proposal seeks to make the definition
RELEASED UNDER THE
of, and calculations for, ‘units of account’ in the four parts of the MTA
consistent.
Bring floating
An FPSO is a vessel used in the offshore oil and gas industry for the
Maritime Transport Act 1994
production and storage production, processing and storage of oil. This proposal seeks to ensure
16
I N C O N F I D E N C E
OFFICIAL
I N C O N F I D E N C E
and offloading units
FPSOs contribute to the maritime regulatory system when they enter New
(FPSOs) within the
Zealand’s territorial waters (there are currently no FPSOs in New
maritime levy
Zealand’s territorial waters).
Update the maximum
This proposal is to increase the maximum fines and infringement fees with Maritime Transport Act 1994
level of fines and
respect to Maritime Rules or navigation bylaws, and breaches of the
1982
infringement fees that
marine protection rules. The new maximum penalties for individuals wil be
can be set through
$3000 for infringements and $15,000 for fines.
regulations in the MTA
Modernise the penalties This proposal would align the maximum financial penalties for MTA safety Maritime Transport Act 1994
for the safety offences in offences with the Health and Safety at Work Act 2015. This would enable
ACT
the MTA
foreign flagged and New Zealand ships and crew to be treated equally.
Amend the Maritime
This proposal is to update the maximum fines and fees in the Maritime
Maritime (Offences) Regulations
(Offences) Regulations
Regulations and the Marine Regulations for the first time since 1998, to
1998;
1998 (Maritime
add penalties where none currently exist, and to tidy up inconsistencies
Marine Protection (Offences)
Regulations) and the
created by changes to the Maritime Rules over time.
Regulations 1998
Marine Protection
(Offences) Regulations
1998 (Marine
Regulations)
Proposals agreed in 2022 that wil no longer be progressed
Proposal
Description
Relevant Legislation
Remove Road
The LTA requires that fees charged by RCAs for reserved residential
Land Transport Act 1998
Controlling Authorities’ parking cannot exceed the reasonable cost of the service involved in
(RCAs) restrictions on
granting the permit. This proposal wil amend the current restriction to
cost recovery charging
require that the cost of residential parking be limited to a ‘reasonable’
INFORMATION
for residential parking
amount.
Include Waka Kotahi in
This proposal wil replace ‘New Zealand Transport Agency’ in legislation
Across legislation
RELEASED UNDER THE
NZTA’s name in
with ‘Waka Kotahi New Zealand Transport Agency’
legislation
17
I N C O N F I D E N C E
OFFICIAL
Document 11
Neha Pawar
From:
James Little <[email address]>
Sent:
Tuesday, 11 March 2025 1:19 pm
To:
Bonnie Hayvice
Cc:
cabinetpapers; Kelsea Whyte; Mike West
Subject:
RE: Cabinet paper for departmental consultation - Regulatory Systems (Transport)
Amendment Bill - strengthening the efficiency of the transport system
Follow Up Flag:
Follow up
Flag Status:
Flagged
Kia ora Bonnie
Thank you for the opportunity to provide feedback on this paper. Our feedback covers both the policy and
Digital Identity Trust Framework Group of the Department of Internal A airs.
1982
We’re pleased that this Cabinet paper aligns with the work we are doing in DIA on digital identity.
Your work on digital driver licences (proposal 1) is most relevant to us, so most of our comments
relate to proposal 1.
ACT
You raise in para 17 and 41-42 the potential for unintended privacy implications to be considered
before implementation.
o By aligning NZTA’s digital driver licence with the Digital Identity Services Trust Framework Act,
many of these privacy implications can be addressed in a consistent way shared across
accredited services. You may wish to consider including this to indicate there is already a
framework to manage these privacy implications. This is mentioned in para 42, but it might also
be worth highlighting in 17.
o You also mention data beaches and cybersecurity risks in Australia. Recent events have largely
been caused by the insecure management of copies of physical documents, a problem digital
identity seeks to partially address. It may be worth mentioning that although there are
necessary considerations for digital identity, by and large, these practices are much more
secure than existing processes based on physical documents.
INFORMATION
o In para 41 you raise the risk of “handing over smartphones to a person checking IDs”. Under the
RELEASED UNDER THE
Trust Framework and the relevant standards (ISO 18013-5) a user never hands over their phone,
and the transaction is always undertaken by the user retaining their device. Could you please
amend this.
If recommendation 3 was not to be acceptable to Cabinet, that the recommendation could be
changed to in principle agreement to enabling the use of digital driver licences. However, our
strong preference is for the recommendation as currently drafted.
OFFICIAL
Policy Group also want to note that proposals 1-3 all risk entrenching the impacts of digital
exclusion (such as those seen for older or more rural communities who have less knowledge of or
access to digital solutions). We are pleased you have raised this – if somewhat briefly – in para 48,
and hope that that risk will be further considered through implementation.
James Little | Market Development Lead
Digital Identity Services Trust Framework Group
1
Te Tari Taiwhenua | Department of Internal A airs
s 9(2)(a)
Duplication of email dated 5 March 2025 from Bonnie H
1982
ACT
INFORMATION
RELEASED UNDER THE
OFFICIAL
Document 12
Neha Pawar
From:
James Ting-Edwards <[email address]>
Sent:
Friday, 9 May 2025 4:17 pm
To:
Sarah Godwin
Cc:
Bonnie Hayvice; Katrina Quickenden; Phoebe Moir; Eve Kennedy
Subject:
OPC comments RE: Cabinet paper for departmental consultation - Regulatory
Systems (Transport) Amendment Bill - strengthening the efficiency of the transport
system
Attachments:
OPC comments RE: Cabinet paper for departmental consultation - Regulatory
Systems (Transport) Amendment Bill - strengthening the efficiency of the transport
system
Kia Ora Sarah,
Thanks for checking in on the privacy section of this Cabinet paper - we appreciate the effort to accurately
reflect our views!
1982
From our earlier comments (attached), our main message was that the broader proposal to enable a digital
driver licence raises significant privacy issues that need to be fully considered, but “[o]n the basis that
relevant law changes in scope for approval here are minor and technical, and that there will be further
ACT
Cabinet approvals and opportunities for us to engage through the development of any digital driver licence,
we see the privacy risks presented at this stage as relatively minor and as not presenting a barrier to this
work advancing.”
Our comments engaged specifically with the potential privacy risks, the need for privacy analysis as a part
of broader work, and the limited privacy risk presented on the basis that immediate changes are minor and
technical. We do not make any comment on the approach to developing this work more broadly, and we
think that those bits of the proposed section are probably comments attributable to MoT.
Based on the above, we think it would more accurately reflect our involvement and our views to say
something like the following (with new text highlighted and underlined):
1. The Bill makes legislative changes to enable digital driver licences and labels in the future. When
implemented, proposals to digitise licences and labels would significantly change the ways that
INFORMATION
personal information is collected, used and shared, raising potential privacy risks.
2. The Ministry of Transport has consulted the Office of the Privacy Commissioner (OPC) on the
RELEASED UNDER THE
development of the digital modernisation proposals enabled by the Bill.
3. OPC said that while broader work to develop and implement digital driver licences will need
substantial privacy analysis, on the basis that relevant law changes in scope for approval here are
minor and technical, and that there will be further Cabinet approvals and opportunities for OPC to
engage through the development of any digital driver licence, the privacy risks presented at this
stage are relatively minor and do not present a barrier to this work advancing. OPC encourages the
Ministry, NZTA and Department of Internal Affairs to continue work analysing privacy risks and
OFFICIAL
mitigations as part of developing a digital driver licence[1].
4. The Ministry’s view is that this will support the Minister of Transport to return to Cabinet later this
year with more detail on service design and delivery options, timeframes, and associated costs.
5. The Ministry has not identified any issues with the Bill itself complying with the principles and
guidelines in the Privacy Act 2020, though compliance will need to continue to be considered during
implementation of the digitisation proposals.
I hope this is helpful!
1
Document Outline