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Local Government (Auckland Council) Act 2009

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

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

You could also call this:

"Auckland Transport has rules to follow when buying or selling land for roads"

Illustration for Local Government (Auckland Council) Act 2009

If Auckland Transport decides to get rid of land it does not need for a road under section 345 of the Local Government Act 1974, you need to know that it must tell the Auckland Council about this decision in writing. The Auckland Council must then get rid of the land according to the rules in the Local Government Act 1974.

If Auckland Transport wants to acquire land for a project, it must follow the rules in section 186 of the Resource Management Act 1991. You should be aware that Auckland Transport must inform the Auckland Council in writing about its decision to acquire the land.

Auckland Transport must also tell the Auckland Council if the Minister of Lands is deemed to have agreed to acquire or lease land on its behalf, and any land acquired will belong to the Auckland Council. This rule is more important than some rules in the Resource Management Act 1991, such as sections 185 and 186(2) and (4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338617.

Topics:
Housing and property > Land useEnvironment and resources > Town planningGovernment and voting > Local councils
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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."

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"Auckland Council can make rules for Auckland Transport to follow, like how it works and makes decisions."

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

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

  1. Subsection (2) applies if Auckland Transport, acting under section 46(1)(c) of this Act, decides to dispose of land not required for a road under section 345 of the Local Government Act 1974.

  2. Auckland Transport must inform the Auckland Council, in writing, of its decision, and the Council must dispose of the land in accordance with the requirements of the Local Government Act 1974.

  3. Subsection (4) applies if—

  4. Auckland Transport, acting under section 47 of this Act, decides to acquire or take land, which is required for a project or work, in accordance with section 186 of the Resource Management Act 1991; or
    1. by operation of sections 185(5) and (6) and 186 of the Resource Management Act 1991, the Minister of Lands is deemed to have entered into an agreement on behalf of Auckland Transport to acquire or lease land subject to a designation or requirement.

      1. Auckland Transport must inform the Auckland Council, in writing, of its decision to apply for the compulsory acquisition of the land, or the deemed agreement, as the case may be, and any land taken or acquired as a result vests in the Auckland Council.

      2. Subsection (4) prevails over sections 185 and 186(2) and (4) of the Resource Management Act 1991.

      Notes
      • Section 48: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
      • Section 48(3)(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 48(3)(b): 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 48(5): 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).