CONTENTS

ISSUES FOR REGULATORS, PLANNERS, FUNDERS

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ISSUES FOR REGULATORS, PLANNERS, FUNDERS

Introduction

6.1 Public passenger land transport is a key element of New Zealand's transport system, which is in turn part of the international transport system. As the Ministry of Transport notes in its Statement of Intent for 2004-05, New Zealand's transport system as a whole is affected by changes to trade patterns, security requirements, international protocols and utilisation of technology. An integral part of New Zealand society and economy, the transport system is also influenced by national cultural, social, economic and environmental changes.[33]

6.2 The public passenger land transport sector, while only one element of New Zealand's transport system, is extremely complex. All three levels of government – central, regional and local – regulate, plan and fund aspects of public land transport. Regional and local authorities may own and directly provide public transport services, as well as contracting with others to provide them.

6.3 Not only is the sector complex, it is also very dynamic. During the two and a half years of the Inquiry, significant legislative, organisational and funding developments took place, alongside the regular cycles of planning, contracting and funding, and the changes those entail. Over this period, there have been incremental improvements in the accessibility of information, infrastructure and conveyances in most urban areas, but fewer improvements in small towns and rural areas.

6.4 Central government agencies and regional councils cooperated generously with the Inquiry, as did a number of city and district councils. They contributed through their submissions, by appearing at the public hearings, by responding to requests for additional information, by meeting with Inquiry members and staff, and by commenting on the draft recommendations in writing or in workshops.

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6.5 This chapter identifies the public transport responsibilities of the central government, regional and local authorities, their legislative mandates, and the key issues and proposals that they brought to the Inquiry.

Central government

6.6 Central government sets the legal framework, assigns statutory responsibilities, and has an influence on the extent and nature of public passenger land transport through its strategies, policies and funding.

Strategies

6.7 The New Zealand Transport Strategy and two other strategies developed outside the transport sector have significant relevance to this Inquiry. Some 12 months before the New Zealand Transport Strategy was finalised, the government launched, in April 2001, the New Zealand Disability Strategy with its vision for a “society that highly values the lives and continually enhances the full participation of disabled people.”[34] The New Zealand Disability Strategy makes specific reference to public transport, proposing three actions to enable disabled people to move around the community:

6.8 Equally significant for government agencies in the public transport sector are the requirements in the New Zealand Disability Strategy that disabled people have a meaningful partnership with Government based on respect and equality; that their human rights are upheld and protected; their leadership fostered; their diversity recognised; and that relevant information about disabled people and disability issues is collected and used.

6.9 The New Zealand Positive Ageing Strategy was also released in April 2001. It, too, contains specific reference to transport, setting a goal of “[a]ffordable and accessible transport options for older people”. The first action proposed to achieve that goal is a review of public transport options “so that they are user-friendly in terms of routes, egress, timetable and affordability, and are safe for all ages”.[36]

6.10 Submissions from disabled people and their organisations generally welcomed the Disability and Positive Ageing Strategies, because they represent a whole of government approach and established goals across the state sector. The reservations expressed recognised the limitations of strategies:

“[S]uch strategies, while useful in establishing a progressive social tone and occasionally dialogue about crucial issues of interest to our community, have no meaningful enforcement provisions. A strategy without a strong enforcement mechanism is merely a string of well meaning platitudes which promises little joy for blind and vision-impaired people who want to travel without reservation around their towns and across their country.” (Association of Blind Citizens)
“These strategies … will only be effective if they have meaningful, appropriate and effective outcomes, with legislated enforcement and if they are funded accordingly.” (NZCCS Northland / Tai Tokerau DEAS)
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6.11 Comments from regional councils and local authorities also recognised both the value and the limitations of national strategies:

“The strategies … are a very welcome addition for transport planning and provide direction and weight to bring in new policies and initiatives. By themselves, strategies are not entirely effective in delivering accessible public land transport services for people with disabilities. Because the strategies are not mandatory and can only provide guidelines, they need to have action plans and timeframes attached to ensure delivery of services. The strategies, however, do indicate a direction and in conjunction with mandatory minimum standards can be incorporated into public contracts. The direction can also assist in the development of a co-ordinated approach across government agencies.” (Environment Waikato)
“There are too many strategies and not enough money to implement them.” (Hawke's Bay Regional Council)

6.12 In 2002 the Government set out its vision for the transport sector as a whole: “by 2010 New Zealand will have an affordable, integrated, safe, responsive, and sustainable transport system”.[37] It is underpinned by the four principles of sustainability, integration, safety and responsiveness and by five objectives. Those objectives are:

These principles and objectives have guided government legislative, organisational and funding changes to transport since 2002.

6.13 A ten year plan for rail is currently being drafted under the title “National Rail Strategy to 2014”. The Ministry of Transport submission noted that the New Zealand Transport Strategy, which provides the framework for the rail strategy, incorporates as a national rail objective the maintenance and development of access to passenger rail services, and that a key priority is to encourage more use of urban rail passenger services as part of the public transport network.

6.14 Environment Waikato told the Inquiry that the New Zealand Transport Strategy needs to cross-reference to the Disability Strategy. This has happened to some extent. The Disability and Positive Ageing Strategies have both contributed to making disabled and older people visible, not explicitly within the vision, principles or objectives of the New Zealand Transport Strategy, but certainly within the supporting text. The objective of improving access and mobility states that the “[t]he government will improve access to appropriate transport for all, including vulnerable users, the transport impaired and their caregivers, in order to enhance participation and independence and reduce social exclusion.” It goes on to explain that “New Zealanders who are disabled or are unable, for age or other reasons, to use a car or access other Top transport services are some of the people for whom our transport system, and the layout and attitudes of our communities, can all too easily become a major impediment to mobility.”[38]

6.15 Legislation that went through Parliament during the course of this Inquiry now incorporates the goals and objectives of the New Zealand Transport Strategy.

Legislation

6.16 Given their daily experiences of the difficulties involved in accessing public land transport, it is not surprising that disabled people and their organisations were sceptical about the effectiveness of current legislation.

6.17 NZCCS Waikato said it was obvious from the “overwhelming experience of disabled people that current laws are inadequate”. They asserted that “[w]ithout legislation that makes provision of public transport accessible to disabled people mandatory, then it will not be provided”. The multiplicity and complexity of the laws were identified as barriers to their effective application:

“New Zealand has a multiplicity of laws at both government and regional levels that contain references to disability access. However, there is an absence of any meaningful or substantive national standards for putting various legislative policies into practice.” (Royal New Zealand Foundation of the Blind)
“There is a wide range of legislation which relates to the provision of accessible transport, it is very complex, confusing and appears not to have the ability to insist that transport funders and providers move towards a fair and accessible system for all.” (Age Concern, Otago)

6.18 One heartfelt submission expressed despair at the way legislation could also be used against accessibility for disabled people:

“Bring in strength in legislation and stop legislation from removing protection and rights for all disabled. Repeal the [Health and Safety in Employment Act] S15, 16 that OSH and employers use to discriminate. Protect us please .”(Anonymous, Waikato)
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6.19 The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 have ramifications for how governments, central and local, fulfil their various statutory public transport responsibilities. These are examined more fully in Chapter 8. In this chapter, the focus is on transport law.

The Land Transport Act 1998

6.20 Under the Land Transport Act 1998, every regional council is required to establish a Regional Land Transport Committee, whose function is to develop a Regional Land Transport Strategy after consultation with listed groups and affected communities. The Regional Land Transport Strategy is required to “identify an appropriate role for each transport mode in the region, including the role of public passenger transport”. It includes any Regional Passenger Transport Plan that has been prepared by the council.

6.21 The Regional Land Transport Strategy must contribute to the overall principles of the New Zealand Transport Strategy and take into account its five objectives, including improving “access and mobility”. The “access and mobility” objective is not defined in the Land Transport Act.

6.22 From 1 July 2005, Regional Land Transport Committees must appoint suitable persons to represent the five New Zealand Transport Strategy objectives (including “access and mobility”). There must be representation from cultural interests, the council, other regional and territorial authorities, and Land Transport New Zealand. “Affected communities” must be consulted together with specific groups that are listed. Nowhere are disabled people explicitly included.

6.23 The Land Transport Act makes provision for the Minister to make “Land Transport Rules” for various purposes, including the purpose of improving access and mobility, driver licensing, vehicles and standard setting (for training and design purposes). This provision could be used to change the ‘P’ endorsement driver licence requirements and to establish and enforce national accessibility design performance standards for premises, conveyances, infrastructure and service information.

The Transport Services Licensing Act 1989

6.24 The Transport Services Licensing Act 1989 sets out the licensing and registration requirements for most types of transport services.[39] It also defines what a Regional Passenger Transport Plan is.

6.25 A Regional Passenger Transport Plan is prepared by a regional council and specifies “the passenger services the regional council or territorial authority proposes to be provided in its region or district, both generally and in respect of the transport disadvantaged”. Proposed passenger services include contracted services as well as commercial services which are notified to the regional council. There is no requirement to prepare a Regional Passenger Transport Plan if there are no contracted services in the region. No definition of “transport disadvantaged” is provided, so the application of this term to disabled people is not explicit. The Transport Services Licensing Act states that this is a plan that has been prepared after “consultation with the public”, however, there is no specific requirement for disabled people to be consulted.

The Land Transport Management Act 2003

6.26 The Land Transport Management Act 2003 governs the funding framework for land transport projects. Regional and territorial authorities seeking funding from Land Transport New Zealand (formerly Transfund) are required to prepare Land Transport Programmes. In doing so, the regional council or territorial authority must go through a consultative procedure with specific organisations listed in the Act, affected communities and the public. There is no explicit requirement for disabled people to be consulted.

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6.27 Approved organisations submit their Land Transport Programme to Land Transport New Zealand, which then approves activities and activity classes for funding in the National Land Transport Programme. The needs of the “transport disadvantaged” must be considered in relation to any programme. There is no definition of the term “transport disadvantaged”.

6.28 To be approved, the Land Transport Programme must satisfy Land Transport New Zealand that the activity or activity class for which funding is sought contributes to the objectives of the New Zealand Transport Strategy, including the objective of improving “access and mobility”. However, no definition of “access and mobility” is provided.

6.29 In addition, the Land Transport Management Act sets out Land Transport New Zealand’s function of approving procurement procedures to be used by regional councils and others, when using National Land Transport Programme funding. These procedures must be followed in the procurement of services, such as contracted bus, rail or taxi services. The current procurement procedures for contracted urban passenger transport services allow for a tendering authority to specify accessibility standards and features, but do not make it mandatory to do so.

The Railways Act 2005

6.30 The Railways Act came into effect on 20 July 2005.[40] It sets out new safety and licensing requirements for rail participants. Rail participants include rail operators, access providers, and infrastructure owners. It authorises the Minister to make rules for safety and licensing purposes, including “standards for, or in relation to, all or any rail vehicles, railway premises, or railway infrastructure”. It provides for regulations dealing with infringements of the rules. The Minister’s rule-making functions can be used to set design standards for accessibility.

6.31 Before issuing a licence, the Director of Land Transport must approve the operator’s “safety case”, and be satisfied that all relevant requirements of the Railways Act, the regulations, and the rules have been complied with. A licence remains in force unless surrendered by the operator, or suspended or revoked by the Director.

6.32 Any alteration to the approved safety case, such as through acquisition of new rolling stock, would require the operator to apply for approval of a replacement or variation of its “safety case”. Safety cases must be consistent with rules made under this Act.

The Local Government Act 2002

6.33 The purpose of the Local Government Act 2002 is to provide for democratic and effective local government that recognises the diversity of local communities, and to “provide a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them”.

6.34 It provides for consultation with local communities for planning purposes. Principles of consultation include giving consideration to community views, giving those affected a reasonable opportunity to present their views, and requiring local authorities to have an open mind. There is no specific requirement for consulting with disabled people.

6.35 This Act governs the preparation of a Long Term Council Community Plan which covers what a local authority will do, what it aims to achieve, and how it will manage its assets, such as infrastructure for accessible journeys and public transport. The Long Term Council Community Plan covers at least 10 years and is reviewed every three years after its adoption by the local authority. It can be amended at any time if specific consultative procedures have been followed.

Local Government (Auckland) Amendment Act 2004

6.36 The Local Government (Auckland) Amendment Act came into effect on 1 July 2004. Its purposes include improving the integration of the Auckland regional land transport system and the management of land transport funding and assets for the Auckland region. It also established two subsidiary organisations of the Auckland Regional Council (ARC): Auckland Regional Holdings (ARH) and the Auckland Regional Transport Authority (ARTA).

6.37 The ARC retains the responsibility for preparing the Regional Land Transport Strategy that sets the overarching strategy for the Auckland regional land transport system. ARH assumes the former Infrastructure Auckland function of owning and managing regional assets. Money generated from ARH will provide the ARC with a new source of funding, that, combined with regional rates and funding from central government, will help pay for public transport and other activities and projects that are the responsibility of ARTA.

6.38 ARTA’s objective is “to plan, fund and develop the Auckland regional land transport system in a way that contributes to an integrated, safe, responsive and sustainable land transport system for the Auckland region”. ARTA has the functions of a regional council responsible for planning and procuring public transport services. It is also responsible for producing a 10 year Land Transport Programme that will include all transport throughout the region, as well as its own specific activities and projects. This programme will cover local roads and transport activities planned by local councils as well as public transport.

The Local Government Act 1974

6.39 There is a further legislative requirement that is specific to Auckland and that has some impact on passenger transport planning. The Local Government Act 1974 (as amended in 1998) requires the Auckland Regional Council to produce a Regional Growth Strategy (RGS) after consultation with affected communities (in accordance with special consultative requirements under the Local Government Act 2002).The objective of the RGS is to ensure that growth is accommodated in a way that meets the best interests of the inhabitants of the Auckland region. The RGS may include information about future growth to assist regional providers of infrastructure to plan to meet future requirements. The RGS must not be inconsistent with any regional policy statement under the Resource Management Act.

The Resource Management Act 1991

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6.40 The purpose of the Resource Management Act 1991 is to promote the sustainable management of natural and physical resources. Regional councils have the function of preparing a regional policy statement or plan covering the integrated management of the natural and physical resources of the region. Regional Land Transport Strategies must not be inconsistent with any Regional Policy Statement or Plan under the Resource Management Act.

Central government structures

6.41 Submissions to the Inquiry commented on the complexity arising not only from the legislation, but also from the multiplicity of agencies and organisations involved in administering and applying the legislation:

“The absence of any lead agency to oversee improvements to transport accessibility seems to us to create a void in terms of direction and systemic improvement … The existence of a myriad of agencies in the transport sector means that current funding and policy arrangements are not integrated enough to ensure that there is consistency of approach to transport accessibility issues. This means that there is a tendency for service gaps to emerge throughout the transport sector, especially with respect to accessible services.” (Ripple Trust)

6.42 The Environment Waikato submission was one of a number that identified difficulties created by “the overwhelming complexity to the provision of services for people with disabilities in New Zealand”, noting that in relation to transport “[m]any agencies have overlapping responsibilities and funding comes from many sources”.

6.43 Legislative and structural changes resulting from the adoption of the New Zealand Transport Strategy have gone some way toward clarifying and simplifying central government responsibilities. At the national level, there are now two organisations covering the public land transport sector. The Ministry of Transport is mandated to provide strategic leadership and co-ordinated policy development across the transport sector. Land Transport New Zealand (formerly Top Transfund New Zealand and the Land Transport Safety Authority) focuses on the integrated management of land transport planning, funding, delivery and safety, and works in partnership with central, regional and local government and other stakeholders.

Central government funding

6.44 Central government funding to public land transport has also undergone significant change during the period of the Inquiry. In December 2003, the results of a review of the Passenger Transport Funding Scheme were announced. In their joint submission to the Inquiry, the Ministry of Transport, the Land Transport Safety Authority and Transfund New Zealand summarised the main features of the revised scheme as follows:

(Ministry of Transport, Land Transport Safety Authority and Transfund New Zealand)

6.45 In the document detailing the features of the revised patronage funding scheme for bus and ferry services, Transfund highlighted the two core funding components (core and growth funding) and the financial assistance ratios to apply to each (48 percent and 75 percent respectively). Other aspects, which were also described as key features, included the inclusion of expenditure on concessionary fares (e.g. pensioners and students) within core and growth funding; elimination of the need to obtain Transfund approval for specific initiatives; and regional council reporting against agreed performance indicators. The final feature listed was “flexibility to review the core payment rates to encourage specific initiatives that contribute to the objectives of the New Zealand Transport Strategy but in themselves are unlikely to increase patronage”.[41] Low floor buses and low emission buses were given as examples of service improvements that “may not produce much patronage growth but nevertheless respond to high priorities”.[42]

6.46 The government agencies' submission also highlighted the development of performance indicators to monitor the performance of bus and ferry passenger transport systems. “In the development of the performance indicators”, they submitted, “data from measurement and from user surveys will be used. The regular feedback will be very useful for making steady improvements to individual services and the passenger transport system as a whole.”

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6.47 After discussion with stakeholders on draft measures, an agreed set of performance indicators has been put in place for 2005/06. The performance indicators are a crucial tool for emphasising and monitoring outcomes. They are divided into five groups. The “general” group requires regional councils to meet 100 percent of audit recommendations, standards compliance, procurement procedure compliance and reporting requirements. Bus passenger transport, ferry passenger transport, rail passenger transport and the Total Mobility scheme each have a separate set of measures and indicators. These include target communities and populations; frequency of service; access to the service; patronage; passenger-kms; fares and cost recovery; and the results of a user survey covering affordability, availability, directness, frequency, reliability, safety and security, quality and comfort.

6.48 The performance indicators are key levers in the development of a fully accessible public land transport system. For 2005/06, the measures focus on general availability, frequency, capacity and patronage, with accessibility targeting wheelchair access in relation to the service, and super low floor buses in relation to access to the vehicle. There are no other indicators of accessibility, for example, for blind people and those who are vision-impaired. Nor are there any indicators relating to operator behaviour and training, although the user surveys may provide some information about these. Finally, there is no requirement to survey the potential market to identify barriers to access.

6.49 At the time of writing (August 2005) the government is undertaking a number of reviews that introduce an element of uncertainty to public land transport procurement, funding and regulation for the immediate future. The Ministry of Transport is reviewing the Transport Services Licensing Act 1989 particularly as it relates to commercial service registrations. Procurement procedures are being reviewed to ensure that they are in line with the objectives of the New Zealand Transport Strategy. The Passenger Transport Funding Scheme proposed in December 2003 is also being reviewed and it is not yet certain when the new scheme will come into operation. The Commission’s recommendations for the reform of public land transport service provision depend to a large extent on regular and predictable investment in capital items.

6.50 The Inquiry has asked a basic question of central government's transport strategies, legislation, funding regime and organisational structures: to what extent do they promote or hinder the availability, accessibility, affordability and acceptability of public land transport services for disabled people? The Inquiry has found evidence of a considerable shift from ad hoc incremental improvements to a strategic, whole of government approach, which has its foundations in the New Zealand Disability Strategy. What is not yet evident is unequivocal commitment to ensuring, within a specified timeframe, that New Zealand's public passenger land transport services are accessible, affordable and acceptable to disabled people wherever they are available to others.

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