In September 2015, Cabinet noted the 2015/16 transport rules programme. The 2015/16 programme sets out the rules that Transport Ministers expect to progress in the 2015/16 year.
Progressing a rule includes consulting on, drafting and/or signing a new or amended rule.
For more information on any individual rule, you can contact the relevant Crown Agency (Maritime New Zealand, the Civil Aviation Authority or the NZ Transport Agency).
Q&As on the Rules Programme
What is the transport rules programme?
Since 1999, Cabinet has requested that the Minister of Transport bring a programme of all of the rules he or she intends to make to Cabinet. After Cabinet has considered the programme, it forms part of the annual agreements for rule development between the Secretary for Transport (the chief executive of the Ministry of Transport) and the three transport agencies.
The rules programme is also provided to the public as part of a suite of material the Ministry of Transport make publicly available about its wider regulatory programme.
What are transport rules?
Transport rules are a specific type of delegated legislation. This means the power to make these rules is given directly to the Minister of Transport, rather than held by the Executive Council. The Minister is empowered to make transport rules for different modes of transport by the Land Transport Act 1998, Railways Act 2005, Civil Aviation Act 1990 and Maritime Transport Act 1994.
The four main types of transport rules are Land Transport Rules administered by the NZ Transport Agency, Civil Aviation Rules administered by the Civil Aviation Authority and Maritime Rules and Marine Protection Rules administered by Maritime NZ.
Transport rules set out the requirements for participants in the transport system. This can cover things like what standards of behaviour or training are required, to what equipment you need to carry in you boat, plane or car. Associated regulations (not covered in the rules programme) set out the fees, charges and penalties involved in rules and other legislation.
What rules are on the 2015/16 programme?
In 2015/16 the Government will progress 6 rule changes from 2014/15, and begin work on 12 new amendment projects.
The 12 new rules on the 2015/16 programme include one civil aviation rule, two land transport rules and nine maritime safety and marine protection rules.
The aviation rule amendment will ensure that New Zealand's regulation is fit for purpose, and that New Zealand meets obligations with the International Civil Aviation Organization.
Land transport rule changes will ensure regulation is clear and effective, and include proposals to implement the recommendations of the Cycle Safety Panel, specifically regarding road rules and equipment to make cycling safer.
Maritime rule amendments will improve safety, ensure regulations are consistent and fit for purpose, and ensure New Zealand law reflects the latest amendments to mandatory international conventions
More information about the rules to be progressed is available in the 2015/16 transport rules programme [PDF, 437 KB].
What is the impact of the rules on the programme?
We expect the impact of most of the rules on the programme to be relatively minor. All but one of the rules on the 2015/16 programme are what we call ‘minor and technical amendments’. Most aim to reduce compliance costs, reduce harms in the system, or are updates to meet international conventions New Zealand has already signed.
One rule may impose notable costs on the offshore oil and gas industry. We will gain more insight into the extent of these costs during the upcoming regulatory impact analysis process, and through consultation with affected parties.
Why is some material withheld?
Some of the material in the 2015/16 programme Cabinet paper is withheld under Section 9(2)(f)(iv) of the Official Information Act 1982. This section enables information to be withheld to maintain the convention that protects the confidentiality of advice tendered by Ministers and Officials.
This material relates to decisions that have yet to be made, where release of the advice will prejudice the ability of Ministers and Cabinet to decide what course of action to take.
How can I get involved in the rulemaking process?
A key part of the process for making or amending any rule is statutory consultation. This is an opportunity for the public and industry to share their views about a particular rule before it is made. We invite you to submit on any rule that you have a view on during the consultation period.
The NZ Transport Agency(external link), Civil Aviation Authority(external link) and Maritime NZ(external link) give notice on their websites of any upcoming consultations. The Ministry of Transport also provides an indicative engagement timeline that includes upcoming consultations. Thirdly, a list of all current consultations the Government is undertaking can be found on the New Zealand Government website(external link).
What Happens Next?
Now that Cabinet has noted the Minister of Transport’s intention to make the rules on the programme, the transport agencies will progress these rules. They will develop regulatory impact statements, consult with the public and industry and provide the Parliamentary Counsel Office with instructions to draft the rules. When this is complete, each rule will be provided to the Minister to sign. Transport agencies will then notify the public and industry of a rule change in the New Zealand Gazette(external link) before it is brought into force.