Pursuant to section 61(3) of the Government Roading Powers Act 1989, and section 22AB of the Land Transport Act 1998, the NZ Transport Agency hereby makes the following bylaw.

Preamble

The Northern Busway is a core component of Auckland’s rapid transit network and forms the backbone of public transport services on the North Shore. The corridor is a dedicated busway that provides fast, reliable, frequent, and high-capacity bus services between Auckland’s city centre and the North Shore. The objective of this bylaw is to provide for the effective, efficient, equitable and safe management of Auckland’s Northern Busway that supports its purpose as a rapid transit corridor and manages its capacity into the future.

Bylaw

1. This bylaw is the New Zealand Transport Agency Prescribing the Use of the Northern Busway Bylaw.

Commencement

2. This bylaw will come into force on 30 October 2025.

Application

3. This bylaw applies to the Northern Busway.

Interpretation

4. In this bylaw, unless the context otherwise requires:

4.1 “Accessibility Bus” means a Bus that is providing a Passenger Service for the carriage of passengers using a Health or Disability Service (for example, Specialised School Transport Assistance, National Travel Assistance or the Total Mobility scheme).

4.2 “Agency” for the purposes of this Bylaw means:

1. the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003; or
2. any person or entity that has been delegated authority by the New Zealand Transport Agency to act on its behalf in relation to this bylaw.

4.3 “Auckland” has the meaning given by section 4(1) of the Local Government (Auckland Council) Act 2009.

4.4 “Authorised Vehicle” means any of the Vehicles outlined in clause [8].

4.5 “Authorised Person” means any person authorised by the Agency.

4.6 “Authorisation Permit” means an authorisation to access and use the Northern Busway, issued by the Agency under clause [24].

4.7 “Breakdown” means an unexpected defect in the machinery of a vehicle causing that vehicle to become immobile or practically immobile for the purposes of travelling safely on the State Highway.

4.8 “Bus” has the same meaning as in the Land Transport (Road User) Rule 2004.

4.9 “Emergency Vehicle” has the same meaning as in the Land Transport (Road User) Rule 2004.

4.10 “First Priority Vehicle” means any of the types of Vehicles listed in clause [10(a)], unless otherwise amended by the Agency in accordance with clause [11].

4.11 “Health or Disability Services" means a Government funded service that:

1. falls within the definition of “health or disability services” in section 5(1)(a)(iii) of the Health and Disability Services (Safety) Act 2001; or
2. is intended to prevent, or lessen the prevalence or severity of, illness or injury or assist those with a disability.

4.12 “Inter-regional Bus” means a Bus that is:

1. providing a Passenger Service; and
2. working a defined and regular schedule of routes and times that either start or finish outside the Auckland region.

4.13 “Northern Busway” means the areas of State Highway 1 designated by the Agency for use as a dedicated busway that provides fast, reliable, frequent and high-capacity bus services between Auckland’s city centre and the North Shore, as may be amended from time to time, published and updated on an internet site, and includes:

• the dedicated dual lane (including bus stops on that lane) between Albany and Akoranga Bus Stations;

• the single southbound busway commencing at Akoranga Station that extends a distance of 2600 metres from the Esmonde Road Underpass to a point south of the Onewa Road Interchange where it merges with the motorway carriageway;

• the single southbound busway commencing on the Onewa Road Interchange that extends a distance of 500 metres before merging with the single southbound busway; and

• the links to and from State Highway 1 at the Albany Station.

4.14 “Northern Busway User Manual” means the manual prepared by the Agency under clause [32].

4.15 “Operator” means a person who has control of the operation of a Passenger Service. For the avoidance of doubt, a driver is not an Operator unless they also have control of the operation of the Passenger Service Vehicle.

4.16 “Passenger Service” has the same meaning as in the Land Transport Act 1998.

4.17 “Passenger Service Vehicle” has the same meaning as in the Land Transport Act 1998.

4.18 “Public Transport Service” has the same meaning as in section 5(1) of the Land Transport Management Act 2003.

4.19 “Scheduled Passenger Service” means any of the following:

1. a Bus providing a service contracted by Auckland Council or anyone holding delegated authority to contract Buses on its behalf or listed in the Auckland Council’s register of exempt services to operate a:
1. Public Transport Service; or
2. Passenger Service for transport to or from a pre-determined event;
2. a School Bus; or
3. an Inter-regional Bus.

4.20 “School Bus” has the same meaning as in the Land Transport (Road User) Rule 2004.

4.21 “Second Priority Vehicle” means any of the types of Vehicles listed in clause [10(b)], unless otherwise amended by the Agency in accordance with clause [11].

4.22 “State Highway” has the same meaning as in the Government Roading Powers Act 1989.

4.23 “Third Priority Vehicle” means any of the types of Vehicles determined by the Agency as having a third priority status in accordance with clause [10(c)].

4.24 “Vehicle” has the same meaning as in the Land Transport Act 1998.

4.25 “Vehicle Recovery Service” has the same meaning as in the Land Transport Act 1998.

Purpose

5. The purpose of this bylaw is to:

1. regulate access to, and use of, the Northern Busway; and
2. contribute to an efficient, effective and safe rapid transit network and land transport system.

Access to, and use of, the Northern Busway

6. Except for Authorised Vehicles, no Vehicle may access or use the Northern Busway.

7. No person may access or use the Northern Busway, unless they are:

1. operating, or a passenger of, an Authorised Vehicle; or
2. an Authorised Person; or
3. authorised by the Agency to maintain, inspect, operate or regulate the Northern Busway.

Authorised Vehicles

8. Authorised Vehicles:

1. include any of the following:
1. a Vehicle that holds an Authorisation Permit;
2. an Emergency Vehicle (which does not need to be attending an emergency);
3. a Vehicle approved by the Agency to maintain, inspect, operate or regulate the Northern Busway;
4. a Vehicle approved by an Authorised Person to provide a Vehicle Recovery Service on the Northern Busway or at any of the Northern Busway stations;
2. provided that they are compliant with:
1. all Vehicle registration, certification and licensing requirements under the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 and Part 17 of the Land Transport Act 1998;
2. all driver training, certification and licensing requirements under the Land Transport Act 1998;
3. the Northern Busway User Manual;
4. the conditions of an Authorisation Permit (where applicable); and
5. instructions issued by an Authorised Person.

Eligibility to apply for an Authorisation Permit

9. Only Operators of the following Vehicles may apply for an Authorisation Permit:

1. Scheduled Passenger Services;
2. Accessibility Buses; or
3. Any other type of Vehicle the Agency approves as being eligible to make an application.

Prioritisation of access and use

10. Access to, and use of, the Northern Busway is to be prioritised in accordance with the following hierarchy of priority:

1. First priority: Scheduled Passenger Services.
2. Second priority: Accessibility Buses.
3. Third priority: Any Vehicle determined as having a third priority status by the Agency.

The Agency must publish and maintain this hierarchy of priorities on an internet site, including a list of any Vehicles it identifies as having a third priority status.

11. The Agency may review and amend the priority status of a type of Vehicle at any time.

12. When deciding whether to amend the priority status of a type of Vehicle, the Agency must have regard to whether action is required to achieve the purpose of this bylaw outlined in clause [5].

13. Where a decision is made to amend the priority status of a type of Vehicle, the Agency must:

1. notify all existing Authorisation Permit holders;
2. publish the amended hierarchy of priorities on an internet site; and
3. consider whether to review, amend, suspend or revoke any existing Authorisation Permits under clauses [26]–[31].

Application for an Authorisation

14. An Operator of a Vehicle that is eligible under clause [8] may, in respect of that eligible Vehicle, apply for an Authorisation Permit to access and use the Northern Busway. An Authorisation Permit application must:

1. be lodged with the Agency;
2. be made in the approved form and manner determined by the Agency; and
3. contain all of the information required by the Agency in the approved form.

Requests for further information

15. At any time before the Agency issues its decision on an Authorisation Permit application, it may request further information from an applicant. If further information is requested, an applicant must:

1. provide the information requested; or
2. advise the Agency, with reasons, that it declines to provide the information requested.

16. If information requested under clause [15] is not received by the Agency before a date specified in its request, the Agency must proceed as if the request for information is declined.

Consideration of Authorisation Permit applications

17. After considering an Authorisation Permit application made under clause [14] and any further information provided by an applicant under clause [15], the Agency must determine whether to:

1. decline the application; or
2. grant an Authorisation permit, subject to conditions.

First priority applications

18. For applications made in relation to First Priority Vehicles, the Agency must grant an Authorisation Permit to the Operator, unless any of the following circumstances apply:

1. the application does not comply with clause [14]; or
2. the applicant has declined to provide further information requested under clause [15]; or
3. there has been any previous non-compliance of the applicant under:

(i) this bylaw, or any previous bylaw relating to the Northern Busway; or

(ii) any other land transport legislation or regulations.

19. If any of the circumstances in clause [18(a)–(c)] apply, the Agency may grant an Authorisation Permit to the Operator, in accordance with the requirements of clause [21].

Second and Third priority applications

20. For applications made in relation to Second Priority Vehicles or Third Priority Vehicles, the Agency may grant an Authorisation Permit to the Operator, in accordance with the requirements of clause [21].

Matters to which the Agency must have regard

21. In deciding whether to grant an Authorisation Permit to an Operator, the Agency must have regard to (in descending order):

1. The purpose of this bylaw under clause [5];
2. A Vehicle’s position in the hierarchy of priority under clauses [10] and [11];
3. The actual or potential impact of additional Vehicle movements on:
1. the capacity and efficient functioning of the Northern Busway;
2. Operators that hold an existing Authorisation Permit to use the Northern Busway;
3. public safety;
4. Any prior non-compliance by or for which the Operator is responsible under:
1. this bylaw, or any previous bylaw relating to the Northern Busway; and
2. any other land transport legislation or regulations; and
5. Any other matters that the Agency considers relevant and reasonably necessary to determine the application.

22. When considering an application made in relation to a Third Priority Vehicle, the Agency must also have regard to whether there is a First or Second Priority Vehicle that already provides the same or similar service proposed by the Operator.

Authorisation conditions

23. The Agency may impose any condition on an Authorisation Permit it considers reasonably necessary to achieve the purpose of this bylaw, including but not limited to:

1. Restrictions on the maximum number of Vehicles that may operate under the Authorisation Permit on any given day at any given time;
2. Specifications for the Vehicles that can operate under the Authorisation Permit, including:
1. Vehicle makes / models;
2. License plates;
3. Signage or other means of identifying the Vehicle;
4. Vehicle registration, servicing and certification requirements;
5. Communication and training requirements (in addition to any outlined in the Northern Busway User Manual);
3. Specifications for drivers that may operate under the Authorisation Permit, including training and licensing requirements;
4. Restrictions on use of and access to areas within the Northern Busway (such as limits on the ability to stop at stations); and
5. Record-keeping and reporting requirements (such as trip logs, Vehicle movements, driver information).

Decision on an Authorisation Permit application

24. After making its decision on an Authorisation Permit application, the Agency must:

1. issue a notice of its decision to the applicant; and
2. where granted, issue an Authorisation Permit.

25. An Authorisation Permit issued by the Agency must outline the:

1. Name of the Operator authorised to access and use the Northern Busway under the Authorisation Permit;
2. Conditions imposed on the Operator;
3. Requirements for the Operator to comply with the matters outlined under clause [8(b)]:
4. Agency’s powers to:
1. review, suspend, vary or cancel an Authorisation Permit under clauses [26]–[31]; and
2. close or limit access to the Northern Busway; and
5. Term or expiry date of the Authorisation Permit.

Review, suspension, variation or cancellation of an Authorisation Permit

26. The Agency may review, suspend, amend or revoke an Authorisation Permit issued under this bylaw at any time.

Matters to which the Agency must have regard

27. When deciding whether to review, suspend, amend or revoke an Authorisation Permit, the Agency must have regard to whether:

1. action is required to:
1. protect public safety;
2. ensure the safe and efficient operation of the Northern Busway;
2. the priority status of a Vehicle subject to the Authorisation Permit, including whether this has changed, in accordance with clauses [10]–[13];
3. there has been an alleged breach of:
1. a condition of an Authorisation Permit;
2. Northern Busway User Manual; or
3. this bylaw; and
4. any other matter it considers relevant and reasonably necessary to achieve the purpose of this bylaw.

28. When deciding whether to review, suspend, amend or revoke an Authorisation Permit for a Third Priority Vehicle, the Agency must also have regard to whether there is a First or Second Priority Vehicle that provides the service provided by the Authorisation Permit holder.

Procedure for reviewing, suspending, amending or revoking

29. Before suspending, amending or revoking an Authorisation Permit, the Agency must:

1. provide written notice to the holder of the Authorisation Permit of its intention to suspend, amend or revoke the Authorisation Permit, and any reasons why; and
2. invite the Authorisation Permit holder, in writing, to provide comments on the proposal, within 15 days. Where the Authorisation Permit holder has not provided a comment by the date specified in the invitation, the Agency may proceed to issuing its decision under clause [30].

30. After considering any comments provided by the Authorisation Permit holder under clause [29(b)], the Agency must issue its final decision to the Authorisation Permit holder including (where relevant):

1. the terms of any suspension; and / or
2. an amended Authorisation Permit.

31. Where the Agency proposes to suspend or revoke an Authorisation Permit for an alleged breach of a condition of an Authorisation Permit, the Northern Busway User Manual or this bylaw, it may temporarily suspend the Authorisation Permit immediately before the process under clauses [26]–[31] is undertaken. The Agency must provide written notice of this suspension to the Authorisation Permit holder, noting that any permanent suspension or revocation is subject to the process in clauses [30] and [31] being undertaken.

Northern Busway User Manual

32. The Agency must prepare a Northern Busway User Manual to outline requirements for users of the Northern Busway. The Northern Busway User Manual may include, but is not limited to:

1. Operating procedures, including for manoeuvring:
2. Breakdown procedures;
3. Emergency procedures;
4. Communication protocols;
5. Prohibited activities, including restrictions on stopping, standing or parking; and
6. Training requirements for drivers of Authorised Vehicles.

33. The Agency must ensure that the Northern Busway User Manual is made available on an internet site. Where material changes are made to the Northern Busway User Manual, the Agency must provide notice of these changes to all Authorisation Permit holders.

Enforcement

34. The Agency may use its powers under the Land Transport Act 1998 to enforce this bylaw.

Offences and penalties

35. Every person who breaches this bylaw also breaches rule 2.3(1)(f) of the Land Transport (Road User) Rule 2004 and is liable to the penalties specified under the Land Transport (Offences and Penalties) Regulations 1999.

36. A person is not in breach of this bylaw if they fall within the general exceptions under rule 1.8(1) of the Land Transport (Road User) Rule 2004. Any reference to “rule” must be read as a reference to this bylaw.

Transitional provisions

37. This clause applies to any person, who immediately prior to the date of commencement of this bylaw, held an authorisation to use and access the Northern Busway. All authorisations held by:

1. First Priority Vehicles continue in effect under this bylaw, provided they submit an Authorisation Permit application form to the Agency in accordance with clause [14] within 12 months of the commencement of this bylaw. Any application for submitted must be automatically accepted by the Agency, provided it satisfies the information requirements in the form; and
2. any other Vehicles cease to exist 12 months after commencement of this bylaw.

Revocation

New Zealand Transport Agency Bylaw 2008/1 which was published in the New Zealand Gazette, 11 December 2008, No. 192, page 5091, is hereby revoked.

Explanatory note

This note is not part of the bylaw but is intended to indicate its general effect.

This bylaw will come into force on 30 October 2025. It is intended to provide for the effective, efficient, equitable and safe management of Auckland’s Northern Busway that supports its purpose as a rapid transit corridor and manages its capacity into the future.

Dated at Auckland this 26th day of September 2025.

Signed on Behalf of the NZ Transport Agency by:

KEVIN DOHERTY, Group General Manager, Transport Services, NZ Transport Agency.