Automated Vehicles Work Programme Te Hōtaka Mahi mō ngā Waka Motuhake

Ensuring the safe deployment of AVs on New Zealand’s public roads

New Zealand is mainly a taker of technology. Vehicles imported into New Zealand come from a number of international markets, with new vehicle technologies increasingly being developed by a number of non-traditional car manufacturers. We are developing an understanding of how New Zealand can best ensure the safety of the vehicle occupants, other road users, and the general public. We have a strong interest in supporting the testing and trialling of AVs in New Zealand.

Clarifying where responsibility sits across the Society of Automotive Engineers (SAE) levels of driving automation

Assigning responsibility to the most appropriate party when a driver is not in control of the vehicle raises concerns under New Zealand legislation, where offence provisions are mainly directed towards drivers. Where the vehicle has taken over the dynamic driving task (DDT), the assignment of responsibility is unclear, as a number of different entities could potentially be responsible depending on the circumstances, including the manufacturer, importer, approval entity, owner, or driver.

Considering the vehicle ecosystem as a whole, rather than just the software and AI within the vehicle

Our current focus is on the question “How can government play an effective part in ensuring the cybersecurity of automated vehicles?” acknowledging the need for cybersecurity governance frameworks, risk management frameworks, and the roles and responsibilities of private companies.

Understanding the different facets of data and AVs such as privacy, ownership, storage, and utilisation

Our focus is on issues around data privacy as this is a primary concern of the public. We will seek to answer the question “How fit-for-purpose are New Zealand’s current privacy laws in the age of AVs?” and will include reference to public perception of AVs and a short component outlining the EU’s AV policy.

Assessing the infrastructure readiness required for supporting the safe deployment of automated vehicles

We are building an understanding of how and to what extent we need to future-proof our infrastructure and our investment frameworks to support future technology such as AVs, and what criteria New Zealand should adopt for infrastructure asset standards, maintenance, and management to be more prepared for accommodating AVs.

Understanding the network connectivity needed to support automated vehicles in New Zealand

Our focus is on understanding the importance and relevance of network connectivity in AVs deployment, and identifying the most important components of a connected ecosystem for the operation of automated vehicles in New Zealand. 

Developing a long-term insights briefing on the impact of automated vehicles operating on New Zealand roads

Long-term Insights Briefings (LTIB) are future focussed documents that are intended to provide greater visibility of future challenges and opportunities that may affect New Zealand and New Zealand society. The Ministry has chosen to investigate the impact automated vehicles could have on the transport system and transport outcomes. This is an opportunity to take a “deep dive” into a specific area of transport that we believe will present significant challenges and opportunities for the transport system over the next 10-15 years.

More Information (external link)

Building and maintaining a network of key relationships is vital to ensuring the Ministry and the sector are well prepared to respond to issues as they arise. This includes working with other government departments, technology developers, academics, and our counterparts in other jurisdictions.

We work closely with Waka Kotahi NZ Transport Agency to understand the potential new opportunities and risks AVs could introduce to the transport system.

We are also engaging with the various working parties of the United Nations Economic Commission for Europe (UNECE), in particular Working Parties 1 and 29, to stay updated on developing international standards and policies related to autonomous vehicles. We also frequently engage with our international counterparts in Australia and Canada to exchange insights and discuss matters of common concern related to AVs.  

We are interested in engaging with anyone who is working on or thinking about these issues, and building the capability and knowledge base across New Zealand. Email info@transport.govt.nz 

Some of the thinking we follow:

• National Transport Commission (Australia)(external link)
• Office of Future Transport Technology (Australia)(external link)
• Austroads(external link)
• Centre for Connected and Autonomous Vehicles (UK)(external link)
• The U.S. Department of Transportation (USA)(external link)
• National Highway Traffic Safety Administration (USA)(external link)
• Transport Canada(external link)
• United Nations Economic Commission for Europe(external link)

New Zealand legislation does not specifically require a driver to be present for a vehicle to be legally operated on a public road. However, most regulations and relevant international frameworks strongly imply the presence of a driver in the vehicle given that ‘automation’ was not a consideration at the time of drafting the legislation. 

The deployment of AVs on public roads are still bound by existing rules and regulations on the operation of motor vehicles under the Land Transport Act 1998, and other legislation that address the safe and secure operation of motor vehicles. 

New Zealand has adopted the International Standard J3016 developed by the Society of Automotive Engineers (SAE). This framework describes vehicles from SAE level 0, meaning no automation, to SAE level 5, which describes fully automated vehicles. See ‘More Information’ for detail on the specific levels

Level 0-3 vehicles 

There are many vehicles operating on New Zealand roads that have up to level 2 automation to assist the driver with some aspects of the driving task. Level 3 capability is not yet available but we expect Tesla vehicles to be upgraded via software updates to have Level 3 capability in the near future, allowing autonomous driving under certain conditions while the human driver remains ready to take back control at any moment.

Level 4 and 5 vehicles 

It is unlikely that level 4 vehicles will be operating on New Zealand public roads (outside of controlled trials) before 2025, and highly unlikely that level 5 vehicles will be operating before 2030.

There is a great deal of uncertainty around the deployment time, commercial availability, business models, and safety issues of level 4 and 5 vehicles. Manufacturers and technology companies alike are focused on safety as their primary concern, given that maintaining their reputation necessitates a cautious approach to avoid delivering products to market before they are ready.

There are currently no level 4 or 5 vehicles operating on New Zealand public roads. Although, Christchurch Airport has a fully autonomous shuttle designed by Ohmio for public use in restricted areas. The autonomous 20-person shuttle runs along a pre-programmed route, without the need for a driver. In June 2019, the public had the opportunity to ride the shuttle. The trial contributed to public awareness about AVs and the potential opportunities they provide.

We are likely to see an increasing number of requests to test vehicles in confined areas or on more complex terrain. This would probably lead to trials on separated transport corridors or defined public roads.  

Current regulatory settings 

The current regulatory framework in New Zealand has performance based standards and prescriptive rules. Performance based standards include dangerous and careless driving prohibitions under the Land Transport Act 1998 (the Act), and elements of the road user rules, licencing of drivers, transport services, and prescriptive vehicle standards. This framework addresses vehicles with level 2 automated features such as vehicles with lane-keep assist, collision mitigation systems, and automated emergency braking systems.

New Zealand grants exemptions to vehicles entering the country that do not comply with existing prescriptive compliance standards. Waka Kotahi has the power to grant exemptions pursuant to section 166 of the Land Transport Act 1998. This requires the assessment and evaluation of each individual case. Granting exemptions on a case by case basis is appropriate for testing and trialling AVs.

There are several requirements in New Zealand legislation that an autonomous vehicle might need to meet before being allowed to operate on public roads. These requirements are set out pursuant to the Land Transport Act 1998. New Zealand is also party to the 1958 and 1998 United Nations Agreements on Wheeled Vehicle Standards and Regulations.

Land Transport Act 1998(external link)

As well as the Land Transport Act 1998, there are other regulations that may be applicable to the operation of AVs.  These include:

• the Accident Compensation Act, particularly section 35, which covers accidents and injuries, and
• the Privacy Act which safeguards the privacy of individuals, data storage and management, and other uses of personal information. The Privacy Act 1993 is currently under revision and is to be replaced by the Privacy Bill. 

Accident Compensation Act 2001(external link)

Privacy Act 2020(external link)

Privacy Bill(external link)

In 2015, we released a series of foundation papers as part of our Regulation 2025 project, which examined different approaches to the regulation and potential influence of new technologies. These papers were commissioned to generate new thinking and help stimulate debate.

We are considering the potential impacts of AVs on the future transport system in New Zealand, including both opportunities and risks. We will identify trends and potential issues surrounding the deployment of AVs on public roads, and consider how to best support the safe introduction of AVs onto public roads.

We will investigate the potential impact of AVs on congestion and Greenhouse Gas emissions, accessibility and inclusivity, and increased road safety and reducing road deaths and injuries. We will also consider the issues arising from a mixed vehicle fleet containing autonomous and non-autonomous vehicles, the impacts of increased demands for on current roading infrastructure, as well as the perceptions of the public towards autonomous technologies.