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Local Government (Auckland Council) Act 2009

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

47: Auckland Transport is requiring authority

You could also call this:

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

Illustration for Local Government (Auckland Council) Act 2009

Auckland Transport is like a special group that helps make decisions about roads and transport in Auckland. You can think of them as a team that makes sure the transport system in Auckland works well. They have some special powers that let them do their job, and these powers come from the Resource Management Act 1991.

Auckland Transport can make decisions about building or fixing roads, and they can also make decisions about other transport activities that they or the Auckland Council pay for. When they make these decisions, they have to follow some rules that are outlined in Part 8 of the Resource Management Act 1991.

If Auckland Transport is working on a project and section 180(1) of the Resource Management Act 1991 applies, they might have to transfer some of their powers to someone else, like a Minister of the Crown, the New Zealand Transport Agency, or the Auckland Council. The New Zealand Transport Agency and the New Zealand Railways Corporation cannot transfer these powers to anyone else if they receive them.

In this context, an activity is something that Auckland Transport does to help with transport in Auckland. This section of the law is connected to section 48 and section 5(1) of the Land Transport Management Act 2003, which helps explain what an activity is.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338615.

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

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

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48: Limitations on Auckland Transport acting under section 46(1)(c) or 47, or

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

47Auckland Transport is requiring authority

  1. Auckland Transport is deemed to be approved as a requiring authority, as a network utility operator, under section 167 of the Resource Management Act 1991 for the following purposes:

  2. constructing or operating or proposing to construct or operate roads in relation to the Auckland transport system; and
    1. the carrying out of an activity or a proposed activity (other than an activity described in paragraph (a)) in relation to the Auckland transport system for which it or the Auckland Council has financial responsibility.

      1. For the purposes of subsection (1), Part 8 of the Resource Management Act 1991 applies—

      2. with any necessary modifications (and despite the fact that an activity described in subsection (1)(b) is not a network utility operation within the meaning of section 166 of that Act); but
        1. subject to subsection (3) and section 48(3).

          1. If section 180(1) of the Resource Management Act 1991 applies to a project or work that is an activity described in subsection (1)(b), Auckland Transport may exercise the power under that section only by transferring the relevant designation to—

          2. a Minister of the Crown; or
            1. the New Zealand Transport Agency; or
              1. the New Zealand Railways Corporation; or
                1. the Auckland Council.

                  1. The New Zealand Transport Agency and the New Zealand Railways Corporation are prohibited from further transferring any designation that they receive under subsection (3).

                  2. In subsection (2), activity has the same meaning as in section 5(1) of the Land Transport Management Act 2003.

                  3. This section is subject to section 48.

                  Notes
                  • Section 47: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                  • Section 47(1): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 47(2): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 47(2)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                  • Section 47(3): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).