Government Roading Powers Act 1989

1: Short Title and commencement
1: This Act may be cited as the Government Roading Powers
2: This Act shall come into force on 1 October 1989. Section 1(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
2: Interpretation
1: In this Act, unless the context otherwise requires,— Agency section 93 Auckland Harbour Bridge
a: any land or water over which the bridge passes on a structure where there is air space between the land or water and the structure:
b: any building, structure, or other work not forming part of the bridge (which includes any building, structure, or work exclusively used for purposes other than the carriage of motor vehicles) or not forming part of such road approaches, on-ramps, or off-ramps Commissioner council-controlled organisation Local Government Act 2002 Crown Bank Account Public Finance Act 1989 excise duty Customs and Excise Act 2018 financial year Agency land transport section 5 local authority Local Government Act 2002 local road Minister Ministry motor vehicle section 2(1) motorway
a: means a motorway declared as such by the Governor-General in Council under section 138 section 71
b: includes all bridges, drains, culverts, or other structures or works forming part of any motorway so declared; but
c: does not include any local road, access way, or service lane (or the supports of any such road, way, or lane) that crosses over or under a motorway on a different level regional council Local Government Act 2002 regional land transport committee section 178 road sections 43(1) 51(1) 54(1) 55 section 315(1) roading Secretary State highway section 5 territorial authority Local Government Act 2002 traffic officer Land Transport Act 1998 year
2:
3:
4: Every reference in this Act to a road or a State highway shall, unless the context otherwise requires, include the land on which the road or State highway exists, and shall also include all bridges, culverts, ferries, fords, signs, signals, barriers, Agency
5: For the purposes of exercising any function or performing any power in relation to the construction, maintenance, financial assistance, or control under this Act, the Agency Agency is Agency
6: A determination by the Agency for Agency
7: All references to a main highway in any other Act or the Land Transport Management Act 2003 1953 No 118 s 2 Section 2(1) replaced 1 July 1996 section 13(1) Transit New Zealand Amendment Act 1995 Section 2(1) administration repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) Agency inserted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) approved repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) approved safety (administration) programme repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) Auckland Harbour Bridge inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017 Section 2(1) Authority repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) Board repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) capital project repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) competitive pricing procedure repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) council-controlled organisation inserted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Director of Land Transport repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) Director of Land Transport Safety repealed 1 December 2004 section 19(1) Land Transport Management Amendment Act 2004 Section 2(1) district roading programme repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) employee of the Board repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) excise duty replaced 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) excise duty amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) fees and charges repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) financial year amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) land transport replaced 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) Land Transport Authority repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) Land Transport Safety Authority repealed 1 December 2004 section 19(1) Land Transport Management Amendment Act 2004 Section 2(1) local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) local authority trading enterprise repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(1) motor vehicle inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017 Section 2(1) national land transport strategy strategy repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) national roading programme repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) National Roads Account Account repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) outputs repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) passenger service repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) passenger transport company repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) passenger transport operation repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) performance agreement repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) planning, design, and supervision repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) regional council replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) regional land transport committee amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(1) regional land transport strategy repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) regional programme repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) registered service repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) safety (administration) repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) safety (administration) programme repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) State highway replaced 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) State Highways Account repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) State highways programme repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) territorial authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) traffic officer replaced 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(2) repealed 1 July 1996 section 13(2) Transit New Zealand Amendment Act 1995 Section 2(3) repealed 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(5) replaced 1 July 1996 section 13(4) Transit New Zealand Amendment Act 1995 Section 2(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(6) replaced 1 July 1996 section 13(4) Transit New Zealand Amendment Act 1995 Section 2(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
3: Act to bind the Crown
This Act shall bind the Crown.
3A: Act is land transport Act
1: This Act is a land transport Act under section 2(1)
2: This has the effect that—
a: transport instruments may be made for the purposes of this Act under section 168G
b: enforceable undertakings may be given for the purposes of this Act in accordance with section 112A
c: a land transport record may be required to be created for the purposes of this Act in accordance with section 200B
3: This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being a land transport Act under that Act. Section 3A inserted 1 April 2021 section 56(2) Regulatory Systems (Transport) Amendment Act 2021
1A: Transfund New Zealand
Part 1A repealed 13 November 2003 section 90 Land Transport Management Act 2003
3A: Constitution of Transfund New Zealand
Section 3A repealed 13 November 2003 section 90 Land Transport Management Act 2003
3B: Principal objective of Board
Section 3B repealed 13 November 2003 section 90 Land Transport Management Act 2003
3C: Functions and powers of Board
Section 3C repealed 13 November 2003 section 90 Land Transport Management Act 2003
3D: Functions and powers of Board in relation to alternative forms of transport
Section 3D repealed 13 November 2003 section 90 Land Transport Management Act 2003
3E: Board to have powers of natural person
Section 3E repealed 13 November 2003 section 90 Land Transport Management Act 2003
3F: Board to comply with policy directions
Section 3F repealed 13 November 2003 section 90 Land Transport Management Act 2003
3G: Use of words Transfund New Zealand
Section 3G repealed 13 November 2003 section 90 Land Transport Management Act 2003
3H: Board to consider delegating or contracting out functions and powers
Section 3H repealed 13 November 2003 section 90 Land Transport Management Act 2003
3I: Delegation of Board's functions or powers to employees of Board
Section 3I repealed 13 November 2003 section 90 Land Transport Management Act 2003
3J: Delegation of Board's functions or powers to persons outside Board
Section 3J repealed 13 November 2003 section 90 Land Transport Management Act 2003
1: Transfund and Transit
Part 1 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Overview Heading repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
4: Overview
Section 4 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Governance Heading repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
5: Transfund
Section 5 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
6: Transit
Section 6 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
7: Functions, duties, and powers
Section 7 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
7A: Authority to have powers of natural person
Section 7A repealed 13 November 2003 section 90 Land Transport Management Act 2003
7B: Completion of performance agreements by Board and Authority
Section 7B repealed 13 November 2003 section 90 Land Transport Management Act 2003
7C: Authority to consider delegating or contracting out functions and powers
Section 7C repealed 13 November 2003 section 90 Land Transport Management Act 2003
7D: Delegation of Authority's functions or powers to employees of Authority
Section 7D repealed 13 November 2003 section 90 Land Transport Management Act 2003
7E: Delegation of Authority's functions or powers to persons outside Authority
Section 7E repealed 13 November 2003 section 90 Land Transport Management Act 2003 Land transport funding Heading repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
8: Funding system
Section 8 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
2: Funding of capital projects and outputs
Part 2 repealed 13 November 2003 section 90 Land Transport Management Act 2003 Land transport funding Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
9: Payment of roading revenue to Crown Bank Account
Section 9 repealed 13 November 2003 section 90 Land Transport Management Act 2003
10: Crown's authority to incur certain land transport expenditure
Section 10 repealed 13 November 2003 section 90 Land Transport Management Act 2003
11: Payment of roading revenue into Crown Bank Account
Section 11 repealed 13 November 2003 section 90 Land Transport Management Act 2003
12: Payment of roading revenue from Crown Bank Account
Section 12 repealed 13 November 2003 section 90 Land Transport Management Act 2003 National Roads Account Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
13: Board to operate National Roads Account
Section 13 repealed 13 November 2003 section 90 Land Transport Management Act 2003
14: Management and investment of National Roads Account
Section 14 repealed 13 November 2003 section 90 Land Transport Management Act 2003
15: Payments from National Roads Account
Section 15 repealed 13 November 2003 section 90 Land Transport Management Act 2003
16: Payments by Board
Section 16 repealed 13 November 2003 section 90 Land Transport Management Act 2003
17: Board may approve outputs and capital projects
Section 17 repealed 13 November 2003 section 90 Land Transport Management Act 2003
18: Approved projects to form part of national roading programme
Section 18 repealed 13 November 2003 section 90 Land Transport Management Act 2003 Payments from National Roads Account to Authority Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
19: Payments to Authority
Section 19 repealed 13 November 2003 section 90 Land Transport Management Act 2003
20: Authority to operate State Highways Account
Section 20 repealed 13 November 2003 section 90 Land Transport Management Act 2003
20A: Special provisions relating to minor and ancillary road works, and in-house professional services
Section 20A repealed 1 July 1996 section 18(1) Transit New Zealand Amendment Act 1995
21: Management and investment of State Highways Account
Section 21 repealed 13 November 2003 section 90 Land Transport Management Act 2003
21A: Recovery of incorrect payments
Section 21A repealed 13 November 2003 section 90 Land Transport Management Act 2003
22: Payments from State Highways Account
Section 22 repealed 13 November 2003 section 90 Land Transport Management Act 2003 Payments from National Roads Account to local authorities Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
23: Payments to local authorities
Section 23 repealed 13 November 2003 section 90 Land Transport Management Act 2003
24: Local authorities to operate Land Transport Disbursement Accounts
Section 24 repealed 13 November 2003 section 90 Land Transport Management Act 2003 Restrictions on payments from State Highways Account and Land Transport Disbursement Accounts Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
25: Interpretation
Section 25 repealed 13 November 2003 section 90 Land Transport Management Act 2003
26: Competitive pricing procedure
Section 26 repealed 13 November 2003 section 90 Land Transport Management Act 2003
27: Expenditure subject to competitive pricing procedure
Section 27 repealed 13 November 2003 section 90 Land Transport Management Act 2003
27A: Regional land transport committees
Section 27A repealed 1 July 1996 section 18(1) Transit New Zealand Amendment Act 1995
28: Special provisions relating to in-house professional services
Section 28 repealed 13 November 2003 section 90 Land Transport Management Act 2003
29: Special provisions relating to minor and ancillary works during 1997 and 1998
Section 29 repealed 13 November 2003 section 90 Land Transport Management Act 2003
30: Certain payments for minor and ancillary works deemed to comply with section 27
Section 30 repealed 13 November 2003 section 90 Land Transport Management Act 2003
31: Information to be provided by local authority in respect of certain payments
Section 31 repealed 13 November 2003 section 90 Land Transport Management Act 2003
32: Determinations by Minister
Section 32 repealed 13 November 2003 section 90 Land Transport Management Act 2003
33: Board may reduce payments in certain cases
Section 33 repealed 13 November 2003 section 90 Land Transport Management Act 2003
34: Board may require certain information from Authority and local authorities
Section 34 repealed 13 November 2003 section 90 Land Transport Management Act 2003
35: Payments may be conditional on projects being carried out to satisfactory standard
Section 35 repealed 13 November 2003 section 90 Land Transport Management Act 2003
36: Certain payments prohibited
Section 36 repealed 13 November 2003 section 90 Land Transport Management Act 2003
3: Safety (administration) and roading programmes
Part 3 repealed 13 November 2003 section 90 Land Transport Management Act 2003 Safety (administration) programme Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
37: Safety (administration) programme
Section 37 repealed 13 November 2003 section 90 Land Transport Management Act 2003
38: Approval of safety (administration) programme
Section 38 repealed 13 November 2003 section 90 Land Transport Management Act 2003
39: Agencies to adhere to safety (administration) programme
Section 39 repealed 13 November 2003 section 90 Land Transport Management Act 2003
40: Secretary to make safety (administration) programme available to public
Section 40 repealed 13 November 2003 section 90 Land Transport Management Act 2003
41: Secretary may submit supplementary safety (administration) programme
Section 41 repealed 13 November 2003 section 90 Land Transport Management Act 2003
42: Minister may approve supplementary safety (administration) programme
Section 42 repealed 13 November 2003 section 90 Land Transport Management Act 2003 National roading programme Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
42A: National roading programme
Section 42A repealed 13 November 2003 section 90 Land Transport Management Act 2003
42B: Agencies to adhere to national roading programme
Section 42B repealed 13 November 2003 section 90 Land Transport Management Act 2003
42C: Board to make national roading programme available to public
Section 42C repealed 13 November 2003 section 90 Land Transport Management Act 2003 State highways, regional, and district roading programmes Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
42D: State highways programme
Section 42D repealed 13 November 2003 section 90 Land Transport Management Act 2003
42E: Consultation concerning State highways programme
Section 42E repealed 13 November 2003 section 90 Land Transport Management Act 2003
42F: Regional programmes
Section 42F repealed 13 November 2003 section 90 Land Transport Management Act 2003
42G: Consultation concerning regional programmes
Section 42G repealed 13 November 2003 section 90 Land Transport Management Act 2003
42H: District roading programmes
Section 42H repealed 13 November 2003 section 90 Land Transport Management Act 2003
42I: Consultation concerning district roading programmes
Section 42I repealed 13 November 2003 section 90 Land Transport Management Act 2003
42J: Provision of information
Section 42J repealed 13 November 2003 section 90 Land Transport Management Act 2003
42K: Needs of transport disadvantaged to be considered
Section 42K repealed 13 November 2003 section 90 Land Transport Management Act 2003
42L: Maori interests to be considered
Section 42L repealed 13 November 2003 section 90 Land Transport Management Act 2003 Miscellaneous provisions Heading repealed 13 November 2003 section 90 Land Transport Management Act 2003
42M: Agreements regarding passenger transport operations
Section 42M repealed 13 November 2003 section 90 Land Transport Management Act 2003
42N: Reports on projects and programmes
Section 42N repealed 13 November 2003 section 90 Land Transport Management Act 2003
4: Roading
43: Interpretation
1: In this Part,— Crown land Land Act 1948 drain Environment Court Resource Management Act 1991 Government work land notice public work work road
a: Crown land over which a road is laid out and marked on the record maps:
b: land over which right of way has in any manner been granted or dedicated to the public by any person entitled to make such grant or dedication:
c: land taken for road under the provisions of this Act , the Public Works Act 1981
d: land over which a road has been or is in use by the public which has been formed or improved out of the public funds, or out of the funds of any former province, or out of the ordinary funds of any local authority, for the width formed, used, agreed upon, or fenced, and a sufficient plan of which, approved by the Surveyor-General
e: land over which any road, notwithstanding any legal or technical informality in its taking or construction, has been taken, constructed, or used under the authority of the Government of any former province, or of any local authority, and a sufficient plan of which is registered in the manner provided for in paragraph (d),— and, unless repugnant to the context, includes all roads which have been or may hereafter be set apart, defined, proclaimed, or declared roads under any law or authority for the time being in force, and all bridges, culverts, drains, ferries, fords, gates, buildings, and other things thereto belonging, upon the line and within the limits of the road stopping Surveyor-General section 5 urban area Local Government Act 2002 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: any day in the period commencing with 25 December in any year and ending with 15 January in the following year.
2: Where land is taken or acquired under the Public Works Act 1981 1981 No 35 s 121 Section 43(1) Chief Surveyor repealed 30 November 2022 section 60(1) Statutes Amendment Act 2022 Section 43(1) District Land Registrar repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 43(1) Environment Court inserted 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 43(1) Planning Tribunal repealed 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 43(1) road amended 31 August 1990 Transit New Zealand Amendment Act 1990 Section 43(1) road amended 30 November 2022 section 60(2) Statutes Amendment Act 2022 Section 43(1) Surveyor-General inserted 30 November 2022 section 60(3) Statutes Amendment Act 2022 Section 43(1) urban area amended 1 July 2003 section 262 Local Government Act 2002 Section 43(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 43(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Roads
44: Certain roads vested in Crown
All Government roads declared as such under this Act, the Public Works Act 1981 section 316 1953, all roads outside urban areas declared as State highways under this Act, and all roads outside urban areas declared as State highways under the Land Transport Management Act 2003 1981 No 35 s 122 Section 44 amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013
45: Provisions relating to construction of motorways to apply to roads constructed pursuant to middle line
Section 45 repealed 1 October 1991 section 362 Resource Management Act 1991
46: Minister may make roads and declare Government or district roads
1: The Minister may construct or repair any road within any part of New Zealand, but such road shall not by reason only of such construction or repair become a Government road.
2: The Minister may, by notice in the Gazette
3: The Minister may in the same manner declare that any road constructed or controlled by the Minister within the district of a territorial authority shall be under the control and management of that territorial authority section 315
4: The powers conferred on the Minister under this section may be exercised from time to time, and any notice made under this section may at any time be revoked in whole or in part or amended.
5: The Minister shall have the full power of control of all Government roads. 1981 No 35 s 124 Section 46(3) amended 1 July 2003 section 262 Local Government Act 2002
47: Roads in areas where no territorial authority exists, etc
1: All roads in any area or district for which the Minister of Local Government is the territorial authority and which are not State highways shall be deemed to be Government roads under the control of the Minister.
2: Nothing in subsection (1) shall apply to any road under the control of a Harbour Board. 1981 No 35 s 125
48: Powers of Minister over roads under Minister's control
1: All rights and powers vested in any local authority under sections 331 332 334 335 337 to 341 353
2: The Minister may from time to time section 22AB(1)
2A: Bylaws under subsection (2) are secondary legislation ( see Part 3
3: The Minister shall have power to do all things necessary to construct and maintain in good repair any road under the Minister's control, and in particular, but without limiting any power conferred on the Minister elsewhere in this Act, to do the following things:
a: to alter the line of any road, but a new line of road shall not be laid out by the Minister without the written consent of those persons whose written consent would be required under section 114(2)
b: to increase or diminish the width of any road:
c: to determine what part of a road shall be a carriageway and what part a cycle track or footpath only:
d: to construct, erect, dig, or grow on any road or remove from it, such barriers, dividing strips, guide or sign posts, pillars, or other markers, trees, hedges, lawns, gardens, and other devices, as may in the opinion of the Minister be necessary or desirable:
e: to place or construct temporarily or permanently on any carriageway any reasonable device or thing for the purpose of controlling vehicle speeds, if it is desirable for the safety of road workers, or users of the road or members of the public, or to protect any part of the road:
f: to place or construct, or allow to be placed or constructed, on any road clear of the carriageway any road-making or maintenance materials, plant and equipment, traffic weigh stations, traffic control aids, and stations, facilities, and amenities for road users:
g: to alter the level of any road:
h: to stop, divert, or otherwise control the traffic upon any road temporarily while any work or investigation is being undertaken or for the structural protection of any part of the road:
i: to close to traffic any road, or any part of a road, for such period as the Minister considers necessary to execute repairs or to remove any obstruction:
j: to enter on any land and make such ditches, drains, and conduits as may be required to drain water from any road, and to keep such ditches, drains, and conduits open at all times for the flow of water; and to erect floodgates therein and to open or close them as the Minister thinks fit, doing as little damage as possible:
k: to exercise the powers given by section 74
l: to enter on any land so as to gain access to other land for the purposes of this subsection:
m: to enter on any land and to remove from any culvert, river, stream, lake, or other water, any material which may be lodged in its bed or against its banks or against any bridge, dam, ford, or weir, and which may impede the free flow of water in its natural channel whereby any part of a road under the Minister's control may be damaged.
3A: Before exercising any power under subsection (3) that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the Minister (or an officer of the Agency acting on the Minister's behalf) must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.
4: Entry shall not be made under subsection (3) without the consent of the owner or occupier, if the land is within the curtilage of a dwelling or other building, or is within a stockyard, orchard, vineyard, plant nursery, shelter belt, airstrip, garden, or shrubbery.
5: Before entering on any land pursuant to any power conferred by subsection (3), the Minister or an officer of the Agency
a: a description of the land affected; and
b: the nature of any work to be carried out; and
c: the type of any material required; and
d: the approximate quantity of any material required; and
e: the use proposed to be made of any material to be removed; and
f: how and when entry is to be made; and
g: a statement of the owner's or occupier's rights under subsection (6); and
h: the estimated amount of compensation to which the owner or occupier would be entitled under this or any other Act.
6: The owner or occupier may, within 10 working days after receiving such a notice and after giving notice to the Minister or officer of the owner's intention to do so, apply to the court
6A: The application must be made to—
a: the District Court, unless paragraph (b) applies:
b: the Maori Land Court, if the application relates only to Maori land (as defined by section 4
7: If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—
a: order that the land in question shall not be occupied or used, or shall not be occupied or used in the manner proposed; or
b: direct that the land be occupied and used or material taken from it in such manner and subject to such limitations and restrictions as it thinks fit— and all persons concerned shall be bound by any such order.
7A: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (6A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.
7B: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.
7C: Any appeal from an order or a direction made under subsection (7) must be made to the High Court (even for an order or a direction of the Maori Land Court).
8: Nothing in this section (other than any provision of this section that is relied on in an emergency) shall derogate from the provisions of the Resource Management Act 1991 1981 No 35 s 126 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable LA19 s 115 This note is not part of the Act. Section 48(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 48(2) amended 17 December 2016 section 52 Statutes Amendment Act 2016 Section 48(2A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 48(3A) inserted 6 August 2010 section 22 Infrastructure (Amendments Relating to Utilities Access) Act 2010 Section 48(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 48(6) amended 6 February 2021 section 88(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 48(6A) inserted 6 February 2021 section 88(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 48(7A) inserted 6 February 2021 section 88(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 48(7B) inserted 6 February 2021 section 88(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 48(7C) inserted 6 February 2021 section 88(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 48(8) amended 1 October 1991 section 362 Resource Management Act 1991
49: Powers of Minister in regard to swing gates and cattle stops on roads
For the purpose of erecting or removing any swing gate or cattle stop across any Government road, the provisions of section 344 1981 No 35 s 127
50: Owner or occupier of land not to cause damage to bridge by removal of stone, etc
1: The Agency
2: Nothing in subsection (1) shall apply in respect of any mining operations carried out pursuant to a mining permit within the meaning of the Crown Minerals Act 1991
3: Any person dissatisfied with the requirements of any such notice may, within 10 working days after receiving it, appeal against the requirements to the court
3A: The appeal must be made to—
a: the District Court, unless paragraph (b) applies:
b: the Maori Land Court, if the appeal relates only to Maori land (as defined by section 4
4: Every person so appealing, and the Agency
5: On hearing the appeal the court may confirm, cancel, or vary the notice as it thinks fit.
5A: The court to which an appeal is made may refer any proceedings resulting from the appeal, or any question in those proceedings, to the other court referred to in subsection (3A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.
5B: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.
5C: Any further appeal from the court’s decision must be made to the High Court (even for a decision of the Maori Land Court).
6: Any person who fails to comply with the requirements of a notice given under this section commits an offence and is liable on 1981 No 35 s 128 Section 50(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 50(2) replaced 1 October 1991 section 121 Crown Minerals Act 1991 Section 50(3) amended 6 February 2021 section 89(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 50(3) amended 1 March 2017 section 261 District Court Act 2016 Section 50(3A) inserted 6 February 2021 section 89(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 50(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 50(5A) inserted 6 February 2021 section 89(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 50(5B) inserted 6 February 2021 section 89(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 50(5C) inserted 6 February 2021 section 89(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 50(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
51: Penalties for damage to roads, bridges, etc
1: In this section the expression road
2: Every person commits an offence who, without the written permission of the Agency
a: encroaches on a road by making or erecting any building, fence, pole, ditch, or other obstacle or work of any kind upon, over, or under the road, or by planting any tree or shrub on it; or
b: places or leaves on a road any machinery, timber, stones, earth, or other material; or
c: digs up, removes, or alters in any way the soil or surface of a road; or
d: damages, removes, or alters any gate or cattle stop lawfully erected across any road; or
e: causes or allows any water, tailings, or sludge, or any offensive matter, to flow from any vehicle, building, or land under the person's control or in the person's occupation on to a road, or into any ditch or drain associated with the road, whether or not on the road; or
f: causes or allows any material or thing to fall on to a road from any vehicle to the danger of lawful road users; or
g: paints, marks, gouges, or otherwise disfigures any part of a road; or
h: wilfully or negligently causes or allows any substance harmful to sealed or paved road surfaces, or likely to create a danger to vehicles on such surfaces, to escape onto any road having a sealed or paved surface; or
i: causes or permits any material (whether or not part of a vehicle), not being wholly raised above the ground on wheels, to be dragged on a road; or
j: fills up, alters, or obstructs any ditch, drain, pipe, culvert, or soakpit, whether on or under the road or elsewhere, made by or under the authority of the controlling authority of the road; or
k: digs up or removes any stone, gravel, sand, or other material from a riverbed within 50 metres of a bridge, dam, ford, or weir forming part of a road; or
l: causes or negligently allows any foundation, retaining structure, wall, or fence erected on any land, or any earth batter or slope, or any building, erection, material or thing, to give way or fall so as to damage or obstruct a road; or
m: does or causes or permits to be done any act whatever by which any damage or obstruction is caused to a road,— and is liable on $1,000 and to a further fine not exceeding $50 for each day or part of a day during which the offence is continued
3: Every person who commits an offence against this section may, in addition to any penalty for the offence, be ordered by the court to pay the cost incurred by the Agency
4: A fine shall not be imposed, and an order for payment of costs incurred shall not be made, under this section unless the charging document is filed
a: by authority of the Agency
b: by an officer of the Agency
5: Any permission under this section may be given subject to such conditions and payment of rent as the Agency 1981 No 35 s 129 Section 51(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 51(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 51(2) amended 29 July 1995 section 6(1) Transit New Zealand Amendment Act 1995 Section 51(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 51(4) replaced 29 July 1995 section 6(2) Transit New Zealand Amendment Act 1995 Section 51(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 51(4)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 51(4)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 51(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
52: Notice to be given of local authority works
1: Any local authority or other person having lawful power to execute or maintain works on, under, or over any road shall not commence any works or maintenance—
a: on any State highway, without the consent of the Agency
b: on any Government road, without the consent of the Minister; or
c: on any road (including any State highway) under the control of a local authority, without the consent of the local authority.
2: Any consent under subsection (1) may be given subject to such conditions as the Agency
2A: The Agency and the Minister must each publish, on a publicly available Internet site, the criteria that the Agency and the Minister respectively will apply when considering whether to give consent under this section, and must apply those criteria when considering whether to give consent.
3: Nothing in this section shall apply to—
a: the maintenance of any work on any part of the road other than the carriageway; or
b: the immediate repair to or reconstruction of any work if that repair or reconstruction is required as a result of an earthquake, flood, landslide, or other emergency.
4: This section does not prevail over any provision in the Electricity Act 1992 Gas Act 1992 Telecommunications Act 2001 1981 No 35 s 130 Section 52(1)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 52(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 52(2A) inserted 6 August 2010 section 23(1) Infrastructure (Amendments Relating to Utilities Access) Act 2010 Section 52(4) inserted 6 August 2010 section 23(2) Infrastructure (Amendments Relating to Utilities Access) Act 2010
53: Poles, etc, on roads to be adjacent to boundaries
1: Notwithstanding anything to the contrary in any Act or rule of law but subject to paragraph (d), a pole or tower (other than a lighting standard required solely for effective road illumination or a support for a traffic sign or signal) shall not be erected or re-erected on any road outside the urban area of a district of a territorial authority otherwise than adjacent to the frontage line of the land adjoining the road, or as near thereto as is practicable, having regard to—
a: the desirability of any cross-arms and wires not encroaching over the adjoining land:
b: the necessity of ensuring that any telecommunications line or electricity transmission line is not susceptible to instability or to damage by, or interference from, natural causes, or trees or structures or other lines or transmission lines:
c: the necessity of ensuring that any such line or transmission line is reasonably accessible for repair and maintenance:
d: the necessity of complying with any other enactment by which express provision is made as to the distance of any pole or tower from any other thing, or as to the distance between poles or towers that support different lines or transmission lines.
2: Subsection (1) shall not apply in any case—
a: when the Agency
b: if, in the public interest, it is essential that any pole or tower be re-erected without delay; or
c: if, because of technical difficulties or disproportionate costs, it is not practicable to re-erect a pole or tower otherwise than in its previous position. 1981 No 35 s 131 Section 53(2)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
54: Removal of roadside structures
1: In this section, unless the context otherwise requires,— controlling authority Agency Agency road structure
a: any part of a bridge or culvert:
b: any fence, gate, or cattle stop erected in accordance with this Act or the Local Government Act 1974
c: anything provided for the assistance or control of traffic:
d: any structure that was erected when the land was not a road utility authority
2: Where any structure has been erected upon, in, over, or under any road by any utility authority, either before or after the commencement of this Act, and the controlling authority has by notice in writing to the utility authority or to a responsible officer of it required the removal of the structure because—
a: it is, or is likely to become, dangerous to vehicles and persons in them using the road; or
b: it is in the way of any work undertaken or proposed for the improvement of the road; or
c: the controlling authority desires its removal from under the road for the purposes of any work undertaken or proposed for the improvement of the road,— the utility authority shall remove the structure within such period as may be specified in the notice.
3: Where any structure that has been erected upon, in, over, or under any road by any utility authority, either before or after the commencement of this Act, is unsafe or is likely to become unsafe because of any work undertaken or proposed to be undertaken for the improvement of the road as a public highway, the utility authority, after giving at least 5 working days' notice in writing to the controlling authority of its intention to do so, may remove the structure.
4: Subject to any agreement to the contrary, the reasonable costs incurred by a utility authority in so removing any structure and (where reasonably necessary) in re-erecting the structure (or an equivalent structure provided by the utility authority at its expense), including compensation payable to the owners and occupiers of the alternative site and a reasonable sum for proper overhead charges, shall, subject to subsection (5), be borne by the controlling authority and the utility authority in equal shares, and the amount payable to the utility authority may be recovered as a debt.
5: A controlling authority or a utility authority may apply to the District Court
6: Any dispute as to—
a: the length of the period within which any structure is required to be so removed; or
b: whether any structure is or is likely to become dangerous to vehicles and persons in them using a road; or
c: whether any structure is unsafe or likely to become unsafe because of any work undertaken or proposed to be undertaken for the improvement of the road; or
d: where a structure removed under this section (or any equivalent structure) may be re-erected or placed in relation to the road— shall be heard and determined by the District Court
7: Notwithstanding anything to the contrary in subsection (6), the period within which any structure is required to be so removed may from time to time be extended by agreement between the parties or by the District Court
8: If the utility authority, after receiving notice under subsection (2), fails within the period so determined to remove the structure that is the subject of the notice, the controlling authority, after giving 10 working days' further notice of its intention to do so, may apply to the District Court
9: Nothing in the Limitation Act 2010 1981 No 35 s 132 Section 54(1) controlling authority amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 54(5) amended 1 March 2017 section 261 District Court Act 2016 Section 54(6) amended 1 March 2017 section 261 District Court Act 2016 Section 54(7) amended 1 March 2017 section 261 District Court Act 2016 Section 54(8) amended 1 March 2017 section 261 District Court Act 2016 Section 54(9) amended 1 January 2011 section 58 Limitation Act 2010
55: Removal of trees, hedges, etc, that obscure visibility or interfere with public work
1: In this section and in sections 56 57 cut down responsible authority
a: any Minister of the Crown who is responsible for the work, where the work is a Government work:
b: the local authority which has financial responsibility for the work, where the work is a local work,— and, in relation to a road, means the authority having control of the road road
2: The responsible authority may require the owner or occupier of any land adjoining a road or public work to do any of the following things:
a: to cut down, lower, or trim any tree, hedge, or shrub that is overhanging or overshadowing a road to such an extent as to damage the road, or to endanger or obstruct the lawful use of the road, or to be detrimental to the maintenance of the road and any associated drainage system:
b: to cut down, lower, or trim any tree, hedge, or shrub, or remove any debris, if parts of it may be blown on to any road or public work or if it may otherwise interfere with the lawful use of the road or any public work:
c: to cut down, lower, or trim any tree, hedge, or shrub on any land that is in such a position that it interferes with or is damaging, or is likely to interfere with or damage, any road or public work or the construction, operation, or maintenance of any road or public work:
d: to cut down or grub up, and remove any tree, hedge, or shrub that is obstructing a road or its drainage system owing to the growth of any vegetation or the spreading of roots upon or under the road up to its middle line:
e: to cut down, lower, or trim any tree, hedge, or shrub or to lower or remove any wall, fence, or other structure, that in the opinion of the responsible authority wholly or partially obscures visibility at any bend of a road, or at any road or railway crossing, or at any road intersection, or that causes any danger to the traffic on any road:
f: to remove any structure that encroaches either wholly or partially on to a road or on to any land used for a public work, unless the encroachment has been authorised under section 51
3: Within 10 working days after service of a notice under subsection (2), the owner or occupier may apply to the court
3A: The application must be made to—
a: the District Court, unless paragraph (b) applies:
b: the Maori Land Court, if the application relates only to Maori land (as defined by section 4
4: A copy of any such application shall be served on the responsible authority either before or immediately after it is lodged with the court.
5: The Registrar of the court shall give notice of the time and place fixed for the hearing of the application to the applicant and the responsible authority, and they shall be entitled to be present and to be heard, either personally or by their counsel or by an officer of the responsible authority.
6: On hearing the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.
6A: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (3A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.
6B: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.
7: Every person on whom a notice has been served under this section commits an offence against this Act if the person fails to comply with the requirement contained in the notice within 1 month after—
a: the expiry of the time in which application may be made to a court, if the person has not exercised that right; or
b: the date of the court's order, if an application to set aside the notice has been made and it has not been set aside; or
c: the date on which any application to the court has been withdrawn by the applicant— whichever is the later, and shall be liable on
8: All costs and expenses incurred by a responsible authority in carrying out any work under subsection (7) may be recovered from the person who failed to comply with the requirement as a debt due to the responsible authority.
9: The power of entry conferred by subsection (7) may be exercised in addition to or instead of the filing of a charging document 1981 No 35 s 133 Section 55(3) amended 6 February 2021 section 90(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 55(3A) inserted 6 February 2021 section 90(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 55(6A) inserted 6 February 2021 section 90(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 55(6B) inserted 6 February 2021 section 90(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 55(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 55(9) amended 1 July 2013 section 413 Criminal Procedure Act 2011
56: Service of notice
1: If, under the provisions of section 55 section 4
2: If the notice is served by being published in a newspaper, the responsible authority shall also affix a copy of the notice upon a conspicuous part of the property in respect of which the notice is issued, or on some public road adjacent to it. 1981 No 35 s 134
57: Emergency work on trees, etc
1: Notwithstanding anything in section 55
2: If any responsible authority exceeds the powers conferred by this section or causes any unnecessary damage to be done, the work shall be deemed not to have been authorised by this section.
3: If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the owner or occupier of the land as soon thereafter as is practicable, and if the owner or occupier cannot be found, the notice shall be displayed in a prominent place on the land.
4: All costs and expenses incurred by a responsible authority in lawfully carrying out any work under this section may be recovered as a debt due to the responsible authority from the person who would have been liable to pay if the work had been done under section 55 1981 No 35 s 135 Access ways and service lanes
58: Minister may construct access ways and service lanes
1: Subject to subsection (2) the Minister may, in accordance with the provisions of Part 21
2: An access way or service lane shall not be laid out or constructed on any land under subsection (1) without the written consent of—
a: the lessee or licensee, if the land is held under lease or licence:
b: the Minister of Railways, if the land is held for a railway:
c: the Minister of Conservation, if the land is a public reserve or part of a public reserve:
d: the Minister in charge of any department of State that administers the land:
e: the Minister of Lands, if the land is Crown land.
3: Where under any Act or other lawful authority the Crown is empowered to—
a: take, purchase, accept dedication of, or otherwise acquire, any land for a road; or
b: declare land as a road; or
c: stop or close a road,— that authority shall be deemed to include power to take, purchase, accept dedication of, or otherwise acquire, land for an access way or service lane, to declare land as an access way or service lane, or to stop or close an access way or service lane, as the case may be. 1981 No 35 s 136
59: Control and management may be vested in territorial authority
The Minister may, by notice in the Gazette 1981 No 35 s 137 State highways
60: Authority may declare State highways
Section 60 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
61: Powers and duties of
Agency
1: Subject to section 62 Agency
2: All rights and powers vested in any local authority under sections 331 332 334 335 337 to 341 353 Agency
2A: For the purpose of erecting any swing gate or cattle stop across any State highway, the provisions of section 344 Agency
2B: Any pilot of an overweight or over dimension vehicle for which a permit has been issued by the Agency under regulations or rules made under the Land Transport Act 1998 Agency
3: The Agency section 22AB(1)
3A: Bylaws under subsection (3) are secondary legislation ( see Part 3
4: The Agency Agency
a: to alter the line of any State highway, but a new line shall not be laid out by the Agency section 114(2)
b: to increase or diminish the width of any State highway:
c: to determine what part of a State highway shall be a carriageway and what part a cycle track or footpath only:
d: to construct, erect, dig, or grow on any State highway, or remove from it, such barriers, dividing strips, guide or sign posts, pillars, or other markers, trees, hedges, lawns, gardens, and other devices, as may in the opinion of the Agency
e: to place or construct temporarily or permanently on any carriageway any reasonable device or thing for the purpose of controlling vehicle speeds, if it is desirable for the safety of road workers or users of the State highway, or members of the public, or to protect any part of the State highway:
f: to place or construct, or allow to be placed or constructed, on any State highway clear of the carriageway any road-making or maintenance materials, plant and equipment, traffic weigh stations, traffic control aids, and stations, facilities, and amenities for State highway users:
g: to alter the level of any State highway:
h: to stop, divert, or otherwise control the traffic upon any State highway temporarily while any work or investigation is being undertaken or for the structural protection of any part of the State highway:
i: to close to traffic any State highway, or any part of it, for such period as the Agency
j: subject to this section, to enter on any land and make such ditches, drains, and conduits as may be required to drain water from any State highway, and to keep such ditches, drains, and conduits open at all times for the flow of water; and to erect floodgates therein and to open or close them as the Agency
k: to exercise the powers given by section 74
l: subject to this section, to enter on any land so as to gain access to other land for the purposes of this subsection:
m: subject to this section, to enter on any land and to remove from any culvert, river, stream, lake, or other water, any material which may be lodged in its bed or against its banks or against any bridge, dam, ford, or weir, and which may impede the free flow of water in its natural channel whereby any part of a State highway may be damaged.
5: The Agency Agency
5A: Before exercising any power under subsection (4) that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the Agency (or an officer of the Agency acting on the Agency's behalf) must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.
6: Entry shall not be made under subsection (4) without the consent of the owner or occupier, if the land is within the curtilage of a dwelling or other building, or is within a stockyard, orchard, vineyard, plant nursery, shelter belt, airstrip, garden, or shrubbery.
7: Before entering on any land pursuant to any power conferred by subsection (4), the Agency Agency Agency's
a: a description of the land affected; and
b: the nature of any work to be carried out; and
c: the type of any material required; and
d: the approximate quantity of any material required; and
e: the use proposed to be made of any material to be removed; and
f: how and when entry is to be made; and
g: a statement of the owner's or occupier's rights under subsection (8); and
h: the estimated amount of compensation to which the owner or occupier would be entitled under this or any other Act.
8: The owner or occupier may, within 10 working days after receiving such a notice and after giving notice to the Agency the court Agency
8A: The application must be made to—
a: the District Court, unless paragraph (b) applies:
b: the Maori Land Court, if the application relates only to Maori land (as defined by section 4
9: If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—
a: order that the land in question shall not be occupied or used, or shall not be occupied or used in the manner proposed; or
b: direct that the land be occupied and used or material taken from it in such manner and subject to such limitations and restrictions as it thinks fit.
9A: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (8A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.
9B: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.
9C: Any appeal from an order or a direction made under subsection (9) must be made to the High Court (even for an order or a direction of the Maori Land Court).
10: Nothing in this section (other than any provision of this section that is relied on in an emergency) shall derogate from the provisions of the Resource Management Act 1991
11: Nothing in this section shall divest any territorial authority of the property in any road that may form part of a State highway. 1953 No 118 s 13 1981 No 35 s 126 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable LA19 ss 115 This note is not part of the Act. Section 61 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(2A) inserted 29 July 1995 section 7 Transit New Zealand Amendment Act 1995 Section 61(2A) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(2B) inserted 29 July 1995 section 7 Transit New Zealand Amendment Act 1995 Section 61(2B) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 61(2B) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(2B) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 61(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 61(3) amended 17 December 2016 section 53 Statutes Amendment Act 2016 Section 61(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(3A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 61(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(4)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(4)﻿(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(4)﻿(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(4)﻿(j) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(5A) inserted 6 August 2010 section 24 Infrastructure (Amendments Relating to Utilities Access) Act 2010 Section 61(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(8) amended 6 February 2021 section 91(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 61(8) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 61(8A) inserted 6 February 2021 section 91(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 61(9A) inserted 6 February 2021 section 91(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 61(9B) inserted 6 February 2021 section 91(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 61(9C) inserted 6 February 2021 section 91(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 61(10) amended 1 October 1991 section 362 Resource Management Act 1991
61A: Controlling authority may grant lease, etc, of certain land
1: If the whole or any part of any Government road or State highway is unformed, the controlling authority of the road or highway may grant a lease or tenancy of the land or a licence to occupy the land on such terms and conditions as the controlling authority thinks fit.
2: Every lease or tenancy or licence granted under subsection (1) shall be subject to the condition that it may be revoked without compensation if the controlling authority gives the lessee or licensee not less than 6 months' notice of its intention to revoke the lease or licence.
3: While any lease or tenancy or licence granted under subsection (1) is in force, the status of the land as a road or highway shall be suspended.
4: All rents and profits derived from land under this section shall—
a: be paid into a Crown Bank Account or a Departmental Bank Account in accordance with the Public Finance Act 1989
b: be paid into the bank account of the Crown entity (within the meaning of the Public Finance Act 1989
c: be paid into the general revenues of the local authority or controlling authority,— as the case may require.
5: The Minister for the time being responsible for the administration of section 45 Section 61A inserted 29 July 1995 section 8(1) Transit New Zealand Amendment Act 1995
62: Delegation of powers and duties to territorial authorities
1: All or any of the functions, duties, and powers of construction, maintenance, and control conferred on the Agency Agency Agency Agency
2: Any activity relating to a State highway or part of it that is the subject of a delegation under subsection (1) may be proposed for inclusion in the relevant regional land transport plan plan
3: Any delegation under subsection (1) may be made only with the consent of the territorial authority concerned.
4:
5:
6:
7: In this section, territorial authority section 38 1953 No 118 s 13 Section 62(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 62(2) replaced 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 62(2) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 62(4) repealed 29 July 1995 section 9 Transit New Zealand Amendment Act 1995 Section 62(5) repealed 29 July 1995 section 9 Transit New Zealand Amendment Act 1995 Section 62(6) repealed 29 July 1995 section 9 Transit New Zealand Amendment Act 1995 Section 62(7) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
63: Delegations
1: Any delegation by the Agency section 62 Agency Agency
2: Any such delegation, and any such delegation made by the National Roads Board before the commencement of this Act, may at any time be revoked or varied by resolution of the Agency
3: The fact that any territorial authority purports to perform any function or duty or exercise any power pursuant to any delegation by the Agency
4: While powers of the Agency
a: the territorial authority shall exercise the delegated powers in its own name and shall be liable accordingly; and
b: neither the Agency
c: the Agency
5: Any delegation by the National Roads Board to any person or body other than a territorial authority before the commencement of this Act is hereby revoked. 1953 No 118 s 14 Section 63(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 63(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 63(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 63(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 63(4)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 63(4)﻿(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
64: Territorial authority may surrender delegated powers and duties
1: A territorial authority to which a delegation of functions, duties, or powers has been made pursuant to section 62 Agency Agency
2: Nothing in subsection (1) shall affect the right of the Agency section 62 Section 64(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 64(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
65: Agency Where any delegation is revoked under section 63 section 64 Agency section 316(2) Section 65 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 65 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
66: State highway policy to remain with
Agency The Agency section 62 Agency Section 66 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 66 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
67: Whole cost of construction and maintenance of State highways to be paid out of State Highways Account
Section 67 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
68: Provision of other facilities
1: Subject to section 17 Agency
a: construct any vehicle parking place or parking building on land adjacent to, over, or under any State highway:
b: construct and operate, or allow to be constructed and operated, on, over, under, or adjacent to any State highway, any building, facility, amenity, or service that the Agency
c: construct any facility of benefit or advantage to users of the land transport system or for improving public safety.
2: Notwithstanding anything to the contrary in this Act, the Agency
3: Any land may be acquired for the purposes of this section under Part 2 1981 No 35 s 149 Section 68(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 68(1)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 68(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
69: Classification of State highways and roads
Whenever any difference of opinion arises as to the class or classes of traffic for which any State highway or road should be available, the question may be submitted by either party to the Agency Agency 1953 No 118 s 40 Section 69 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
70: Bylaws
Every bylaw in force in respect of any State highway on the commencement of this Act shall continue in force as if made by the Agency Agency section 62 Section 70 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Motorways
71: Governor-General may authorise and declare motorways
1: At the request of the Agency Gazette
a: authorise the construction of any motorway, and in doing so state as nearly as possible the route of the motorway, and its 2 termini:
b: declare any land, or any part of the airspace above or the subsoil below the surface of any land, or any road, whether then actually constructed as a motorway or not, to be a motorway.
2: Every Order in Council under this section may in the same manner from time to time be amended or revoked.
3: No request may be made under subsection (1) that affects or is likely to affect Māori land, land registered in the name of Pootatau Te Wherowhero under section 19 the Agency
a: in the case of land registered in the name of Pootatau Te Wherowhero or interests relating to that land, the land holding trustee (as defined in section 7
b: if any other Māori claims settlement Act requires consultation about the request, in accordance with that Act:
c: in any other case, every iwi or hapū that, in the opinion of the Agency
3A: The Agency
4: The Minister must cause a copy of every Order in Council made under subsection (1)﻿(b), and of every plan referred to in it, to be deposited in the office of the Registrar-General of Land; and on receipt of it the Registrar-General of Land must record the Order in Council against the relevant record of title.
5: Where any land affected by any Order in Council made under subsection (1)﻿(b) is Maori land, the Minister shall cause a copy of that order to be deposited in the office of the Registrar of the Maori Land Court who shall record it in the records of the court.
6: Every motorway declared as such by the Governor-General under section 138 1981 No 35 s 138 Section 71(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 71(3) replaced 13 November 2003 section 90 Land Transport Management Act 2003 Section 71(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 71(3)﻿(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 71(3A) inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 71(3A) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 71(4) replaced 12 November 2018 section 250 Land Transfer Act 2017
72: Middle line procedures
Section 72 repealed 1 October 1991 section 362 Resource Management Act 1991
73: Power to construct motorways
Subject to the restrictions specified in this Part and subject to section 17 Agency
a: construct works of every description and material necessary to the making of the motorway:
b: take machinery and vehicles of any kind on to and across any land within the area set out in the notice defining the route
c: make any part of the motorway on and along any part of any road, access way, or service lane:
d: make the motorway on, across, over, or under any road, motorway, access way, service lane, railway, or tramway along the defined route
e: subject to compliance with the Harbours Act 1950 Resource Management Act 1991
f: subject to compliance with the Resource Management Act 1991
g: remove or alter any drain or sewer or any pipes, wire, cable, or duct, together with any associated equipment, belonging to any person, within or adjacent to the defined limits of the motorway:
h: make or construct all such buildings, bridges, roads, approaches, and other structures and works in connection with the motorway as the Agency
i: construct such roads as the Agency
j: construct such roads, service lanes, or access ways as the Agency
k: exercise the powers, rights, duties, and liabilities vested in or imposed on the Minister as if the motorway were a Government road for the purposes of section 48 1981 No 35 s 140 Section 73 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 73(b) amended 1 October 1991 section 362 Resource Management Act 1991 Section 73(d) amended 1 October 1991 section 362 Resource Management Act 1991 Section 73(e) amended 1 October 1991 section 362 Resource Management Act 1991 Section 73(f) amended 1 October 1991 section 362 Resource Management Act 1991 Section 73(h) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 73(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 73(j) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 73(k) amended 29 July 1995 section 10 Transit New Zealand Amendment Act 1995
74: Land may be temporarily occupied
1: Subject to the conditions specified in this section, the Agency
a: deposit any construction materials:
b: deposit, permanently or temporarily, any material suitable for use in landscaping or restoration of that land or of the motorway:
c: form and use drains and hard standings:
d: manufacture or fabricate materials and construct incidental works:
e: erect workshops, sheds, and other buildings of a temporary nature, and store or use any plant or equipment.
2: The engineer or other person having the charge of the motorway shall, before so occupying or using any land and, except in the case of accident to the motorway requiring immediate repair, give the owner and the occupier of the land not less than 10 working days' notice in writing, and shall include in the notice—
a: a description of the land affected; and
b: a detailed statement of the use proposed to be made of the land; and
c: when and for how long such use is intended; and
d: a statement of the owner or occupier's rights under subsection (3); and
e: the estimated amount of compensation to which the owner or occupier would be entitled under this or any other Act.
3: The owner or occupier may, within 10 working days after receiving such a notice, and after giving notice to the engineer or other person of his or her intention to do so, apply to the court
3A: The application must be made to—
a: the District Court, unless paragraph (b) applies:
b: the Maori Land Court, if the application relates only to Maori land (as defined by section 4
4: If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—
a: order that the land in question shall not be occupied or used, or shall not be occupied or used in the manner proposed; or
b: direct that the land be occupied and used in such manner and subject to such limitations and restrictions as it thinks fit,— and all persons concerned shall be bound by any such order.
5: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (3A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.
6: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.
7: Any appeal from an order or a direction made under subsection (4) must be made to the High Court (even for an order or a direction of the Maori Land Court). 1981 No 35 s 141 Section 74(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 74(3) amended 6 February 2021 section 92(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 74(3A) inserted 6 February 2021 section 92(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 74(5) inserted 6 February 2021 section 92(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 74(6) inserted 6 February 2021 section 92(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 74(7) inserted 6 February 2021 section 92(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020
75: Compensation where road interfered with or wholly closed
1: Except as provided in section 63
a: any road being wholly closed under the powers conferred by section 37
b: the use or occupation of any road for any motorway; or
c: any inconvenience to the users of any land fronting or adjoining any such road— if reasonable and sufficient access to the nearest road crossing over or under the motorway is available by some other road, whether it has been provided or constructed by the Agency
2: If any question arises as to whether other reasonable and sufficient access is so available, it shall be determined in such manner as is agreed upon between the owners and occupiers of the land, the territorial authority having the control of roads in the district, and the Agency
3: If no such agreement is reached, all claims for compensation in respect of the matters referred to in subsection (1) shall be determined in the manner provided by the Public Works Act 1981 1981 No 35 s 142 Section 75(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 75(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
76: Access to land cut off from road or separated by motorway
1: If the making of a motorway has—
a: cut off all access by road to any land other than Crown land; or
b: separated one piece of the land of any person from another piece of land of that person— and the Agency Agency
c: by constructing a road, access way, or service lane; or
d: by constructing a crossing under or over the motorway between the pieces of land that have been separated.
2: No access need be provided under this section as a consequence of the land having been subdivided after the construction of the motorway.
3: Where the Agency Agency
4: If the owner or occupier of the land to which subsection (1) applies objects to any decision of the Agency Agency person the court
5: The matter must be referred to—
a: the District Court, unless paragraph (b) applies:
b: the Maori Land Court, if the matter relates only to Maori land (as defined by section 4
6: The court to which a matter is referred may refer any proceedings resulting from the matter, or any question in those proceedings, to the other court referred to in subsection (5) if it considers that the proceedings or question would be more appropriately dealt with by the other court.
7: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings. 1981 No 35 s 143 Section 76(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 76(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 76(4) amended 6 February 2021 section 93(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 76(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 76(4) amended 1 January 2004 section 76 Chartered Professional Engineers of New Zealand Act 2002 Section 76(5) inserted 6 February 2021 section 93(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 76(6) inserted 6 February 2021 section 93(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 76(7) inserted 6 February 2021 section 93(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020
77: Alterations to roads, drains, etc
1: Where it is found necessary for the construction of a motorway to alter any road, tramway, watercourse, or drain, or any other public work, or any water supply pipe or gas supply pipe, or any power supply or telecommunication link, the alterations shall be made in such manner as will—
a: interfere as little as possible with the work altered; and
b: so far as practicable, provide the public and every person entitled to use the work altered with the equivalent use and convenience as they had before the alteration.
2: Before commencing any such alteration, the Agency
3: If the local authority or owner objects to the proposed alteration, the Agency person the office of the District Court
4: The Agency
5: In any emergency or danger the Agency 1981 No 35 s 144 Section 77(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(3) amended 1 March 2017 section 261 District Court Act 2016 Section 77(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(3) amended 1 January 2004 section 76 Chartered Professional Engineers of New Zealand Act 2002 Section 77(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
78: Restrictions on poles, etc, on motorways
Neither the Crown nor any local authority nor any other person shall place any wire, cable, pipe, tower, pole, or other structure or thing on, over, or under any motorway or on, over, or under any land that has been taken, purchased, set apart, or acquired for the purpose of constructing a motorway, without the prior written consent of the Agency 1981 No 35 s 145 Section 78 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
78A: Response to requests for access to motorway
1: If the Agency receives a request in accordance with subsection (2)
2: The requests to which subsection (1) applies are those from local authorities, or owners of any pipe, line, or other works associated with wastewater or the supply of water, electricity, gas, or telecommunications, for access to a motorway for the purpose of constructing, maintaining, or in any other way altering any such pipe, line, or other works, or any wire, cable, pipe, tower, pole, or other structure or thing on, over, or under the motorway. Section 78A inserted 6 August 2010 section 25 Infrastructure (Amendments Relating to Utilities Access) Act 2010
79: Availability for traffic
1: No part of any motorway shall be opened for public traffic until it has been inspected by some proper person appointed by the Agency Agency
2: If, in the opinion of the Agency Agency Agency Agency
3: If any part of any motorway has been inspected by some proper person appointed by the Agency Agency Agency
4: The Agency section 71
5: While any land is open for the use of any traffic or category of traffic pursuant to subsection (4) the land shall be deemed to be—
a: a road for the purposes of the Land Transport Act 1998
b: a motorway for the purposes of any regulations in force under this Act relating to motorways 1981 No 35 s 146 Section 79(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 79(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 79(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 79(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 79(5)﻿(a) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(5)﻿(a) amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 79(5)﻿(b) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
80: Maintenance and control of motorways
1: Subject to the provisions of this Part, the Agency
2: For the avoidance of doubt it is declared that all the provisions of section 62 1981 No 35 s 147 Section 80(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 80(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
81: Cost of motorways
1: Except as provided in this section, motorways shall, for the purposes of the provisions of this Act relating to the cost of constructing and maintaining State highways, be deemed to be State highways, and no local authority shall be required to contribute to the cost of any motorway.
2: Any local authority that desires to construct a motorway within its district may include as a project in its land transport programme submitted pursuant to this Act its proposals as to the general route proposed to be followed and for financing the motorway if authorised, and, if the Agency Agency section 71
3: If the motorway is so authorised before any work relating to the construction of the motorway is commenced, the Agency
4: Every request by a local authority for financial assistance from the Agency
5: Every agreement made under this section shall be subject to the construction of the motorway being deferred or accelerated from time to time by the Agency Agency provided that if any question arises as to whether any contributory other than the local authority at whose request the motorway was approved is able to find the whole or any part of its contribution in any year the question shall be determined by the Agency 1953 No 118 s 39 Section 81(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 81(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 81(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 81(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 81(5) proviso amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
82: Restrictions on use of motorways
1: Except as provided in this or any other enactment, a person shall not be on a motorway unless the person is—
a: in or on a vehicle that is entitled to be on the motorway; or
b: on the motorway as a result of any crash, breakdown, or other emergency; or
c: on the motorway in connection with any work that is authorised by the Agency Agency section 62
d: on the motorway for the purposes of enforcing any enactment.
2: No person shall cause or permit any animal or thing that is or ought to be under that person's control to be on any motorway unless—
a: it is a vehicle that is entitled to be on the motorway or is carried in or on such vehicle; or
b: it is on the motorway for the purposes of assisting at any crash, breakdown, or other emergency; or
c: it is on the motorway in connection with any work that is—
i: authorised by the Agency
ii: being carried out pursuant to a delegation by the Agency section 62
d: it is expressly authorised by any enactment to be on a motorway.
3: The owner or person in charge of any animal or thing which is on a motorway in breach of subsection (2) shall be liable for any damage that may result from collision with or attempted avoidance of the animal or thing, unless the owner or person proves that the presence of the animal or thing on the motorway in breach of that subsection was not due to any negligence on his or her part. 1981 No 35 s 148 Section 82(1)﻿(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 82(2)﻿(c)﻿(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 82(2)﻿(c)﻿(ii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
83: Vehicles which may be operated on motorways
A person may operate any vehicle or combination of vehicles on a motorway if—
a: the vehicle, or each vehicle of the combination, is supported by pneumatic tyres while it is being operated, and—
i: is registered under Part 17
ii: in the case of a vehicle or combination of vehicles which may not be operated on a motorway without a permit issued under regulations in force under this or any other Act, such a permit is in force; or
b: the vehicle is a cycle being operated on a part of the motorway where such operation is approved. 1981 No 35 s 148A Section 83(a)﻿(i) replaced 1 May 2011 section 35(4) Land Transport Amendment Act 2009
84: Restrictions on access to motorways
1: A person driving a vehicle shall not enter, cross, or leave any motorway except at a motorway, State highway, or road from which vehicular access to the motorway has been constructed and is authorised by the Agency Agency
2: Notwithstanding subsection (1), the Agency 1981 No 35 s 148B Section 84(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 84(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
85: Motorway deemed to be road
1: Except as expressly provided in this Act or in any other enactment, a motorway shall be deemed to be a road for the purposes of every enactment and all civil or criminal proceedings under any enactment.
2: A motorway shall be deemed not to be a road for the purposes of the exercise of any right involving the subdivision or use of land if that right is conditional upon the land having a frontage or access to a road or is in any other way conditional upon the existence of a road. 1981 No 35 s 150
86: Application of Impounding Act 1955
The engineer in charge of the construction or maintenance of any motorway shall be deemed to be the occupier of it for the purposes of the Impounding Act 1955 1981 No 35 s 151
87: Offences and penalties
1: Every person commits an offence who—
a: acts in contravention of or fails to comply in any respect with any provision of section 82
b: acts in contravention of or fails to comply in any respect with any provision of section 83
c: fails to comply with any condition specified in any authorisation granted under section 84
d: uses or makes any unauthorised crossing place on to a motorway,— and is liable on
2: The owner or person in charge of any animal or thing which is on a motorway in breach of section 82(2) Section 87(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
87A: Auckland Harbour Bridge
The Auckland Harbour Bridge is declared to be a motorway within the meaning of this Act, and the provisions of this Act and of any other Act and of any regulations relating to motorways accordingly apply to the Auckland Harbour Bridge. Section 87A inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017
87B: Auckland Harbour Bridge to be properly lighted
The Agency must at all times ensure that the Auckland Harbour Bridge is adequately lighted so as to provide for the safety of ships and aircraft in the vicinity of the Auckland Harbour Bridge. Section 87B inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017
87C: Installation of services on Auckland Harbour Bridge
1: No person or body may provide, install, maintain, or repair any water main, gas pipe, or other pipe, or any power or telecommunications line, wire, or cable on the Auckland Harbour Bridge without the consent of the Agency, which may be given subject to such conditions as the Agency considers necessary for the protection and safety of the Auckland Harbour Bridge and of traffic using the Auckland Harbour Bridge.
2: The person or body responsible for any installation on the Auckland Harbour Bridge must pay to the Agency an annual amount for the use of the Auckland Harbour Bridge as may be agreed upon by the Agency and the person or body. Section 87C inserted 3 June 2017 section 4(1) Statutes Repeal Act 2017 Limited access roads
88: Creation and revocation of limited access roads
1: The Agency Gazette
2: At the request of the Agency
3: Every limited access road in existence under section 4(4) of the Public Works Amendment Act 1963 Public Works Act 1981
4: Every limited access road declared as such by the National Roads Board under section 153
5: The Agency Gazette
a: which has been created a limited access road under either subsection (1) or subsection (2), but subject to section 96(1)
b: which has been created a limited access road under section 4 of the Public Works Act Amendment Act 1963 section 96(1)
c: whose administration has passed to the Agency section 96(2)
6: Where any land becomes State highway by virtue of section 238(1)﻿(c) section 60 1981 No 35 s 153 Section 88(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 88(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 88(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 88(5)﻿(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 88(6) amended 1 July 2003 section 262 Local Government Act 2002
89: Provisions of Acts relating to roads to apply to limited access roads
Subject to the provisions of this Part, the provisions of this Act and of every other enactment relating to roads shall, so far as they are applicable and with the necessary modifications, apply to—
a: all limited access roads, whether declared under section 88(1) section 4 of the Public Works Amendment Act 1963 section 153 Agency section 96(2)
b: the purchase and acquisition of land for limited access road, and the setting apart or declaring of land as limited access road. 1981 No 35 s 154 Section 89(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
90: Access to and from land
1: Each parcel of land that adjoins or has legal access to a State highway or part of a State highway which is a limited access road and that does not have reasonably practicable alternative legal access to some other road, shall be entitled to at least 1 crossing place at which vehicles are permitted to proceed to and from the limited access road from and to the parcel of land. The location of each crossing place shall be specified by the Agency section 91
2: In this section and in section 91 parcel of land Agency 1981 No 35 s 155 Section 90(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 90(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
91: Authorisation of crossing places
1: The Agency
a: by notice to the owner of the parcel of land affected,—
i: authorise, subject to such conditions (if any) as it may impose, any crossing place, whether formed or not, at which vehicles may proceed to and from the limited access road from and to any specified parcel of land:
ii: specify the location of any crossing place, whether authorised under section 90
iii: cancel the right to use any crossing place, whether authorised under section 90
iv: cancel or vary all or any of the conditions imposed under this section, or impose further conditions, or vary the location of any authorised crossing place:
b: construct any road or service lane that it may be expedient to construct to give access, whether additional or not, to any land adjoining or near the limited access road.
2: Any notice given by the Agency under this section may be registered by the Agency under the Land Transfer Act 2017
3: Each copy of any notice given under this section shall identify the land to which it relates, including the record of title
4: On receipt of any notice issued under this section and the prescribed fee (if any), the Registrar-General of Land must, if everything is in order, note the notice on every relevant record of title.
5: The notation by the Registrar-General of Land on a record of title of the particulars of a notice is evidence of the existence of the notice but does not create any estate or interest under the Land Transfer Act 2017
6: Any notice recorded by the Registrar-General of Land under subsection (4) may be cancelled or varied upon production by the Agency of a notice of cancellation or notice of variation. 1981 No 35 s 156 Section 91(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 91(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 91(3) inserted 29 July 1995 section 11 Transit New Zealand Amendment Act 1995 Section 91(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 91(4) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 91(5) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 91(6) replaced 12 November 2018 section 250 Land Transfer Act 2017
92: Restricting movement to or from limited access road
Without restricting any provision of any other Act, it is hereby declared that a person shall not drive or move any vehicle or animal, or permit any vehicle or animal to be driven or moved, on to or from any limited access road, except—
a: at a motorway, road, or service lane from which vehicles might lawfully be driven or moved on to the State highway or part thereof immediately before its creation as a limited access road:
b: at a motorway, road, or service lane from which vehicular access to the limited access road has been authorised by the Agency
c: at a crossing place authorised and specified by the Agency Agency section 91 1981 No 35 s 157 Section 92(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 92(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
93: Limited access road not a road for certain purposes
1: Where any person wishes to exercise any right involving the subdivision or use of land, and that right is conditional upon the land having a frontage or access to a road, or is in any other way conditional upon the existence of a road, for those purposes a limited access road which is a State highway shall be deemed not to be a road, except for such purpose, to such extent, and on such conditions, as may be notified from time to time to the territorial authority or, as the case may require, to the Registrar-General of Land Agency
2: Any person aggrieved at—
a: the refusal of the Agency to issue a notice under subsection (1); or
b: any condition subject to which any such notice is issued— may object in writing to the Environment Court
3: The provisions of section 24 1981 No 35 s 158 Section 93(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 93(1) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 93(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 93(2) amended 2 September 1996 section 6(2)﻿(a) Resource Management Amendment Act 1996 Section 93(2)﻿(a) replaced 13 June 2013 section 72 Land Transport Management Amendment Act 2013
94: Requirements relating to declaration of limited access road
The following provisions shall apply in respect of the declaration under section 88(1)
a: every such declaration shall refer to a plan showing—
i: the road or part of a road to which the declaration relates:
ii: any crossing places to be authorised:
iii: the boundaries of all road frontages of each parcel of land adjoining the road or part to which the declaration relates:
iv: the boundaries of all other types (if any) of legal access (whether rights of way, roadlines, private roads, or any other types whatever) connecting the road or part to any other parcel of land:
v: the title references of every parcel of land to which subparagraph (iii) or subparagraph (iv) applies:
b: every such declaration shall indicate where the plan is held and may be inspected:
c: the Agency Registrar-General of Land Agency Registrar-General of Land
d: where any land affected by the declaration is Maori land the Agency
e: the Agency
f: the Agency Gazette 1981 No 35 s 159 Section 94(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 94(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 94(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 94(e) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 94(f) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
95: Certificate of land affected to be forwarded to
Registrar-General of Land
1: Where any land is purchased, set apart, or otherwise acquired for, or declared to be, a limited access road under section 88(2) Registrar-General of Land Agency
a: the parcel of land adjoining the limited access road; or
b: the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road— and the Registrar-General of Land
2: Where any land to which subsection (1) applies is Maori land then the provisions of that subsection shall apply, in addition, as if the Registrar-General of Land
3: Where the Agency Gazette Agency
a: the Registrar-General of Land
b: the Registrar of the Maori Land Court, if any of the land affected is Maori land, who shall record the certificate in the records of the court; and
c: every territorial authority in whose district the State highway or part is situated; and
d: the owner and occupier of each parcel of land so described. 1981 No 35 s 160 Section 95 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 95(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 95(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 95(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 95(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 95(3)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017
96: Administration of limited access roads
1: If any limited access road which is a State highway ceases to be a State highway, it shall thereupon be deemed to be a limited access road created under the Local Government Act 1974
2: If any limited access road which is not a State highway becomes a State highway, it shall thereupon be deemed to be a limited access road created under this Part and the administration of that road shall pass to the Agency 1981 No 35 s 161 Section 96(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
97: Offences
Every person commits an offence who—
a: acts in contravention of or fails to comply in any respect with any provision of section 92
b: fails to comply with any condition specified in any authorisation granted under section 91 section 92
c: uses or makes any unauthorised crossing place on to a limited access road,— and is liable on 1981 No 35 s 162 Section 97 amended 1 July 2013 section 413 Criminal Procedure Act 2011
98: Compensation
Every person having an estate or interest in land which is injuriously affected by the creation of a limited access road under section 88 section 60 Part 5 1981 No 35 s 163
5: Excise duty
Part 5 repealed 9 September 2004 section 44 Land Transport Management Act 2003
99: Interpretation
Section 99 repealed 9 September 2004 section 44 Land Transport Management Act 2003
100: Apportionment of excise duty
Section 100 repealed 9 September 2004 section 44 Land Transport Management Act 2003
100A: Apportionment of excise duty after 30 June 1992
Section 100A repealed 3 July 1992 Transit New Zealand Amendment Act (No 2) 1992
101: Refund of excise duty
Section 101 repealed 9 September 2004 section 44 Land Transport Management Act 2003
102: Procedure for obtaining refund
Section 102 repealed 9 September 2004 section 44 Land Transport Management Act 2003
103: Amount of excise duty and refunds may be altered by Order in Council
Section 103 repealed 16 May 1998 Land Transport Act 1993
6: Miscellaneous provisions
104: Special purpose roads
Section 104 repealed 13 November 2003 section 91(2) Land Transport Management Act 2003
104A: Grants from Infrastructure Auckland
Section 104A repealed 13 November 2003 section 90 Land Transport Management Act 2003
105: Public availability of documents
Where the Agency
a: make sufficient copies of that document or matter available for public inspection, free of charge; and
b: make sufficient copies of that document or matter available for purchase, at a reasonable price, during normal office hours at the principal office of the Agency
c: notify that availability by advertisement in a newspaper circulating in the region or district, or regions or districts, to which the document or matter relates. Section 105 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 105(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
106: Power of
Agency
1: If at any time the Agency Agency
a: it may inquire into the circumstances; and
b: if, in the opinion of the Agency Agency Agency Agency
2: In the event of the Agency Agency Agency Agency Agency Section 106 replaced 1 July 1996 section 25 Transit New Zealand Amendment Act 1995 Section 106 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 106(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 106(1)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 106(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
107: Application of Act to Chatham Islands
Except as otherwise expressly provided in this Act, this Act shall apply to the Chatham Islands as if the Chatham Islands Section 107 amended 1 July 2003 section 262 Local Government Act 2002
108: Supply of information
The Secretary, the Agency Agency Section 108 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
109: Penalty for breach of bylaws
1: Every person who commits a breach of any bylaw made or deemed to have been made under this Act is liable to a fine not exceeding $1,000
2: Where a person commits a continuing breach of any bylaw, then, notwithstanding anything in any other Act, the District Court Agency section 62
3: An injunction may be granted under subsection (2),—
a: notwithstanding that proceedings for the offence constituted by the breach have not been taken; or
b: where the person is convicted of such an offence, either,—
i: in the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or
ii: in subsequent proceedings. Section 109(1) amended 11 August 2017 section 102(2) Land Transport Amendment Act 2017 Section 109(2) amended 1 March 2017 section 261 District Court Act 2016 Section 109(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
110: Regulations
1: The Governor-General may from time to time, by Order in Council, make such regulations as are necessary or expedient for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 110(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
111: Abolition of National Roads Board and Urban Transport Council, etc
1: The following bodies are hereby abolished:
a: the National Roads Board:
b: the Urban Transport Council:
c: every other body established by or under the National Roads Act 1953 Urban Transport Act 1980
2: Every member of the bodies abolished by subsection (1) shall vacate office on the commencement of this Act, and shall not be entitled to any compensation in respect of such loss of office.
3: Subject to sections 113 114
a: all real and personal property belonging to or vested in the National Roads Board or the Urban Transport Council shall become vested in the Authority, subject to all encumbrances, liens, and other interests to which it is subject on that date:
b: all money payable to the National Roads Board or the Urban Transport Council shall become payable to the Authority:
c: all liabilities, contracts, and engagements, and all rights and authorities of any nature whatever, of the National Roads Board or the Urban Transport Council shall become liabilities, contracts, engagements, rights, and authorities of the Authority:
d: all proceedings pending by or against the National Roads Board or the Urban Transport Council may be carried on, completed, and enforced by or against the Authority.
4: On and from 1 July 2008, the Agency has all the rights and obligations conferred on the Authority by subsection (3). Section 111(4) inserted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
112: Matters pending to lapse
Where, on the commencement of this Act, any matter is pending before the Urban Transport Council, the National Roads Board, or any other body established by or under the National Roads Act 1953 Urban Transport Act 1980
113: Transitional provision in respect of loans by Urban Transport Council or National Roads Board
Notwithstanding the abolition of the Urban Transport Council and the National Roads Board, the Secretary for Transport may, for the purpose of completing all matters relating to any loan made by that Council or that Board before its abolition, exercise or carry out all or any of the rights, authorities, duties, and powers that that Council had under section 35 of the Urban Transport Act 1980 section 38 of the National Roads Act 1953 1980 No 156 s 51(3)
114: Transitional financial provisions
Section 114 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
115: Regional advisory committees
Section 115 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
116: Repeals, savings, and consequential amendments
1: The enactments specified in Schedule 3
2: The Transport (Refunds of Excise Duty) Order 1989 (SR 1989/140)
3: Every reference in any Act, regulation, order, or bylaw, or in any agreement, deed, instrument, application, notice, or document whatsoever to—
a: the National Roads Board or the Urban Transport Council shall, unless the context otherwise requires, be hereafter read as a reference to the Agency
b: the National Roads Fund shall, unless the context otherwise requires, be hereafter read as a reference to the Land Transport Fund or, as appropriate, to the Land Transport Account.
4: The enactments specified in Schedule 4 1953 No 118 s 43 Section 116(3)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
117: Confirmation of Order in Council fixing refunds of excise duty
The Transport (Refunds of Excise Duty) Order 1989 (SR 1989/140) section 191 section 116(2)