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Local Government (Auckland Council) Act 2009

Transport management for Auckland - Functions, powers, etc, of Auckland Transport

46: Functions and powers of Auckland Transport acting as local authority or other statutory body

You could also call this:

"Auckland Transport's jobs and powers to manage Auckland's transport system"

Illustration for Local Government (Auckland Council) Act 2009

Auckland Transport has many jobs and powers to manage the transport system in Auckland. You can think of Auckland Transport like a local council, but just for transport. It has powers under laws like the Land Transport Act 1998 and the Local Government Act 1974.

Auckland Transport can make and enforce rules, called bylaws, under the Local Government Act 2002. It can also manage roads and public transport, and work with other councils to plan transport in Auckland. Auckland Transport has the power to prosecute people who break transport rules, like not paying for public transport.

Auckland Transport's powers come from many laws, including the Land Transport Management Act 2003 and the Government Roading Powers Act 1989. It can appoint people to enforce transport rules, and these people have the power to give fines and penalties. But Auckland Transport does not own the roads or the land, and it must work with other councils and governments to manage transport in Auckland.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338614.

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45: Functions of Auckland Transport, or

"Auckland Transport's main jobs are to plan, manage, and control Auckland's transport system."

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47: Auckland Transport is requiring authority, or

"Auckland Transport has the power to make decisions about Auckland's roads and transport."

Part 4Transport management for Auckland
Functions, powers, etc, of Auckland Transport

46Functions and powers of Auckland Transport acting as local authority or other statutory body

  1. Auckland Transport has the following functions and powers in relation to the Auckland transport system:

  2. the functions and powers of a local authority and an enforcement authority under the Land Transport Act 1998 for the purposes of prosecuting stationary vehicle offences:
      1. the functions and powers of a council under Part 21 of the Local Government Act 1974, except—
        1. the power to name or alter the name of a road under section 319(j) of that Act; and
          1. the functions and powers under sections 316(2), 319A, 319B, and 347 to 352 of that Act:
          2. the powers of a council under section 591 of the Local Government Act 1974 (except the power conferred by section 591(1)(a) of that Act):
            1. the functions and powers of a local authority, a territorial authority, and a controlling authority under Part 4 of the Government Roading Powers Act 1989:
              1. the functions and powers of an enforcement authority under the Land Transport Act 1998 in relation to prosecuting infringement offences under that Act that relate to—
                1. the use of special vehicle lanes within Auckland:
                  1. a failure to pay a public transport service fare:
                  2. the functions and powers of a road controlling authority and a local authority under the Land Transport Act 1998 and any regulations or rules made under that Act:
                    1. the functions and powers of a local authority to make and enforce bylaws under subparts 1 and 2 of Part 8 of the Local Government Act 2002 (except the power conferred by section 147 of that Act):
                      1. the functions and powers of a public road controlling authority under Part 2 of the Land Transport Management Act 2003 in relation to road tolling schemes:
                        1. the functions and powers of a regional council under Part 5 of the Land Transport Management Act 2003 in relation to public transport planning and regulation within Auckland.

                          1. For the purposes of subsection (1), the enactments referred to in that subsection apply with any necessary modifications.

                          2. For the purposes of subsection (1)(f)(i), Auckland Transport may appoint persons to be enforcement officers in Auckland in relation to any offence against a bylaw made by Auckland Transport under the Land Transport Act 1998 in relation to a special vehicle lane, and, for that purpose,—

                          3. section 177 of the Local Government Act 2002 applies to an appointment with any necessary modifications; and
                            1. each person must be treated as an enforcement officer within the meaning of section 5(1) of that Act.

                              1. Nothing in this section vests ownership of any road, land, or other property in Auckland Transport or affects the operation of section 316(1) of the Local Government Act 1974.

                              2. Subsection (1)(c) is subject to section 48.

                              Notes
                              • Section 46: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                              • Section 46(1)(a): amended, on , by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                              • Section 46(1)(b): repealed, on , by section 4(1) of the Local Government (Auckland Council) Amendment Act 2015 (2015 No 22).
                              • Section 46(1)(d): amended, on , by section 4(2) of the Local Government (Auckland Council) Amendment Act 2015 (2015 No 22).
                              • Section 46(1)(f): replaced, on , by section 4(3) of the Local Government (Auckland Council) Amendment Act 2015 (2015 No 22).
                              • Section 46(1)(i): amended, on , by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).
                              • Section 46(1)(j): amended, on , by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).
                              • Section 46(3): amended, on , by section 4(4) of the Local Government (Auckland Council) Amendment Act 2015 (2015 No 22).
                              • Section 46(3): amended, on , by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).