Proposed changes to parking requirements in the Land Transport (Road User) Rule 2004

Closed 13 Jul 2023

Opened 8 Jun 2023

Overview

Te Manatū Waka – our role in transport

Transport is about freedom of movement. It touches everyone’s lives and is fundamental to our wellbeing and everyday life. It connects people to family, employment, education, and recreation. It moves goods and people; critical to the strength of the economy.

Transport also connects people to important places or sites. This can include places linked to iwi and hapū identity, like marae or tūrangawaewae (a place of standing).

Te Manatū Waka Ministry of Transport (the Ministry) provides advice to the Government about transport issues. The Ministry also supports the implementation of Government decisions.

The Ministry helps to make sure Aotearoa New Zealand’s sea, air, and land transport systems work together as an efficient, safe, and sustainable system. To do this, we work with:

  • other central government departments,
  • Local government,
  • iwi,
  • transport operators, and
  • interest groups.

The system steward

Government agencies are responsible for regulatory stewardship under the Public Service Act 2020. Regulatory stewardship treats the regulatory system as an asset. This means that requires regular review, maintenance, repair, and sometimes replacement. This is like how physical infrastructure is looked after.

The Ministry has a responsibility to take care of our transport regulatory system. The regulatory system is the laws and rules that govern how the transport system operates to:

  • keep people safe and healthy,
  • support the economy,
  • protect the natural environment,
  • minimise and manage risks, and
  • provide inclusive access for all people in Aotearoa New Zealand.

To make sure our regulatory system is working, we regularly review and update legislation to make sure it is still relevant and working well. We do this in partnership with our operational policy counterparts:

  • Waka Kotahi New Zealand Transport Agency,
  • Maritime New Zealand,
  • Civil Aviation Authority, and
  • Transport Accident Investigation Commission.

Why did we do this work in the first place?

System assessments are a key part of the Ministry’s regulatory stewardship activity. As part of this, we talk with key groups who are involved at all parts of the regulatory system. Those conversations help us understand how well the system is performing, so that we can:

  • develop solutions to any unintended outcomes,
  • reduce unnecessary regulatory burden,
  • keep up with changes in technology and society, and
  • ensure transport systems remain fair and effective so we can avoid a regulatory failure.

Parking-related issues are raised with the Ministry in a number of ways. Sometimes they will be raised by members of the public or special interest groups. Other times they are raised by Road Controlling Authorities (RCAs).

Local RCAs enforce parking rules in their town or City. Their role is to:

  • make sure everyone is kept safe
  • people and goods can get around quickly, and
  • everyone can access social and economic opportunities.

RCAs rely on effective regulatory tools, including parking requirements, offences, and penalties. This helps them to make sure public road space is used in a fair, safe, and efficient way.

For this work we have focused on feedback from local RCAs who talked about the problems they face managing parking every day.

We are seeing your views. 

We are seeking your views about how each of these proposals would affect you and any suggestions for improvements.

More Information

Acronyms

RCA (Road Controlling Authority)

Road Controlling Authorities are responsible for the management of particular sections of the road.

RCAs for local roads are local and district councils, except in the case of Auckland, where Auckland Transport is the RCA. Waka Kotahi New Zealand Transport Authority is the RCA. For State highways. There are 68 RCAs in New Zealand.

EV (Electric Vehicle)

Refers to vehicles which are run either wholly or partly on electricity taken from an external source – as defined in the Land Transport (Road User) Rule 2004

Legislation

Land Transport (Road User) Rule 2004

This Rule sets out the rules for road users, including driving and parking behaviours. It contains the vast majority of parking-related offences.

Land Transport (Offences and Penalties) Regulations 1999

These Regulations provide the offence and penalty level for the corresponding parking requirements in the Land Transport (Road User) Rule 2004 (and the Local Government Act 1974).

Other terms

Parking Requirements

Parking requirements are the rules about what people should and should not do when parking their vehicles. Parking requirements help make sure the transport system can operate safely, fairly, and efficiently.

Parking Offences

A parking offence is a breach of a law (including a Council bylaw), regulation or rule that prescribes a particular standard or behaviour in relation to parking a vehicle. Offences define undesirable behaviours that negatively impact on a person, property, the environment, or wider transport system.

Parking penalties or penalty levels

A parking penalty is the financial cost imposed when someone commits a parking offence. They include infringement fees and fines.

Penalties aim to deter negative parking behaviours.

The ‘penalty level’ refers to the specific dollar amount of the penalty.

Infringement fees (parking tickets)

Infringement fees are commonly referred to as ‘parking tickets. This is the fine charged for committing a parking offence.

Fines

(Maximum fines enforced by the court)

‘Maximum fines before a court’, or ‘fines’ for short, are financial penalties imposed by a Court. Parking fines are usually applied when a person challenges their parking ticket and the council refers the ticket to the court. The court then determines the amount of a fine that person is required to pay, based on aggravating and mitigating circumstances. The maximum fine a court can decide on is set in legislation.