Ministry of Transport's affidavit on GPS 2021
Frustrated by the MoT and NZ Transport Agency/Waka Kotahi's failure to give effect to the Government’s priorities for land transport (GPS 2021) in preparing and approving the National Land Transport Programme for 2021-24, Movement lodged a Statement of Claim for Judicial Review
A summary of key points from the Ministry's affidavit (issued in the name of the Minister of Transport) in support of Waka Kotahi's position that GPS is only a "guide" and "phrased in high-level and aspirational language":
1) The GPS is the Government's main lever to ensure investment in land transport reflects Government priorities (para 8).
2) The GPS is not prescriptive in its requirement of "reduced greenhouse gas emissions" [GPS 2021, page 19]:
"The GPS sets high-level policy, which can encourage investment decisions that reduce emissions." (para 22)
3) Playing down the role of the GPS and the $24 billion NLTP (2021-24):
"Most of the key reduction in transport [emissions] will be through actions beyond the GPS" (para 24)
This, however, does not mean the GPS has no role to play in reducing transport emissions... It does so principally by signalling and delivering mode shift to an extent." (para 25).
"It is also important to note that although the GPS provides a mechanism for prioritising the use of expected revenue over a 10
year period, its primary purpose is to maintain the current system" (para 32)
"GPS 2021 is unlikely to make significant progress towards the Commission's proposed mode shifts, given its focus on maintaining the existing network and implementing other programmes the Government has committed to deliver. (para 33)
4) MoT's role in ensuring Waka Kotahi will give effect to the GPS:
The Ministry also intended to work closely with Waka Kotahi to check their understanding of the intention of the GPS as they develop the NLTP to give effect to GPS 2021. In particular, the Ministry will "look to take a more expansive assurance role through the implementation of the NLTP to make sure that the GPS is being given effect to". (para 118)
A summary of key points from the Ministry's affidavit (issued in the name of the Minister of Transport) in support of Waka Kotahi's position that GPS is only a "guide" and "phrased in high-level and aspirational language":
1) The GPS is the Government's main lever to ensure investment in land transport reflects Government priorities (para 8).
2) The GPS is not prescriptive in its requirement of "reduced greenhouse gas emissions" [GPS 2021, page 19]:
"The GPS sets high-level policy, which can encourage investment decisions that reduce emissions." (para 22)
3) Playing down the role of the GPS and the $24 billion NLTP (2021-24):
"Most of the key reduction in transport [emissions] will be through actions beyond the GPS" (para 24)
This, however, does not mean the GPS has no role to play in reducing transport emissions... It does so principally by signalling and delivering mode shift to an extent." (para 25).
"It is also important to note that although the GPS provides a mechanism for prioritising the use of expected revenue over a 10
year period, its primary purpose is to maintain the current system" (para 32)
"GPS 2021 is unlikely to make significant progress towards the Commission's proposed mode shifts, given its focus on maintaining the existing network and implementing other programmes the Government has committed to deliver. (para 33)
4) MoT's role in ensuring Waka Kotahi will give effect to the GPS:
The Ministry also intended to work closely with Waka Kotahi to check their understanding of the intention of the GPS as they develop the NLTP to give effect to GPS 2021. In particular, the Ministry will "look to take a more expansive assurance role through the implementation of the NLTP to make sure that the GPS is being given effect to". (para 118)
