20 December 2018

Hon Phil Twyford Hon Nanaia Mahuta

Minister of Transport Minister of Local Government
By email: p.twyford@minister.govt.nz By email: n.mahuta@ministers.govt.nz

Private Bag 18 888

Parliament Buildings
WELLINGTON 6160

Dear Ministers

We are writing to request your consideration of an amendment to existing legislation to allow

for the transfer of public transport functions between regional councils and territorial
authorities.

Currently the public transport functions and responsibilities for Christchurch lie with and are
split between Environment Canterbury (ECan) and the Christchurch City Council (CCC). For
example, ECan is responsible for contracting for public transport services, and CCC provides
and maintains the roads on which these services run, as well as the bus stops, shelters and
other public transport infrastructure. Both councils are committed to providing the best public
transport services and outcomes for the city. However, we would like to engage our
communities and strategic partners in conversations about governance arrangements for
public transport in Christchurch. These conversations, which are likely to include inter alia
the vesting of public transport governance and responsibilities with a single entity, are at
present pointless as the transfer of our respective responsibilities, is currently prohibited by
the Local Government Act.

After the establishment of the Joint Committee for Public Transport for Greater Christchurch
including Environment Canterbury, Christchurch City Council, Selwyn District Council and
Waimakariri District Council, sought and received advice that the transfer of public transport
responsibilities was not technically possible, despite being clearly anticipated by the Land
Transport Management Act 2003 (for example in section 119(4) of that Act).

Civic Offices, 53 Hereford Street, Christchurch 8011

PO Box 73016, Christchurch 8154
Phone: 03 941 8999
www.ccc.govt.nz
18/1368078
The principal impediment to the transfer of responsibility for public transport is section 17(8)
of the Local Government Act. This section was added in its present form as part of the 2014
amendment to that Act. Prior to 2014, such a transfer could have been contemplated and
indeed did occur between Environment Southland and Invercargill City. But the LGA now
explicitly excludes the transfer of responsibilities conferred under another Act. As ECan’s
responsibilities for public transport services have been conferred by the Land Transport
Management Act, section 17(8) has the effect of preventing a transfer.

It was agreed between us that we would approach central government to seek an amendment
to the law, enabling the transfer of responsibility for public transport from one to the other,
noting that no such transfer decision has yet been considered, let alone made. We are of
course aware any such transfer would clearly need to be the subject of public consultation,
probably by all four councils.. As above and at the present time however there would seem to
be no point in talking publicly about a step that is unlawful. Accordingly, the first, next step
would seem to be to amend the Local Government Act.

The Local Government Act Amendment Bill (No 2), introduced by the previous National-led
government, was the vehicle by which the current legislative anomaly was intended to be
addressed - though it is not clear that its specific wording went far enough to address the
current legislative impediment. We also note that this Bill is low on the Order Paper and
promotes other local government reforms not supported by the current Government. We
appear to need a new vehicle.

Accordingly, we would like you to invite your officials to discuss with ECan and CCC officials,
a mechanism to make the amendments to the Local Government Act (and a consequential
amendment to the Land Transport Management Act if required) to allow for the transfer of
public transport responsibilities between a regional council and a local authority, should the
regional council and local authority agree to do so.

Many thanks in anticipation of finding a quick resolution to this frustrating but technical barrier
to local decision-making.

Yours sincerely

Lianne Dalziel Steve Lowndes

Mayor of Christchurch Chair, Environment Canterbury