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Local Government (Auckland Council) Act 2009

Transport management for Auckland - Auckland Council's role in transport matters

50: Council prohibited from performing functions and exercising powers conferred on Auckland Transport under sections 46 and 47

You could also call this:

"Auckland Council can't do jobs that Auckland Transport is supposed to do, unless Auckland Transport says it's okay."

Illustration for Local Government (Auckland Council) Act 2009

The Auckland Council cannot do things that this Act says Auckland Transport must do under section 46. You need to know that the Council also cannot act as a requiring authority for things that Auckland Transport is in charge of under section 47(1). However, there are some exceptions to this rule.

The Council can do these things if Auckland Transport gives them permission under section 54. You should look at section 47(3) to see when Auckland Transport can transfer some responsibilities to the Council. Nothing in this section stops the Auckland Council from doing things that a local authority can do, as described in section 46(1)(h), or from using its powers under the Resource Management Act 1991 for non-transport reasons.

This means the Council can still make decisions about things like footpaths or public spaces, even if they are part of the transport system, as long as it's not for transport reasons. The Council can make these decisions whether it owns the land or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338620.

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Part 4Transport management for Auckland
Auckland Council's role in transport matters

50Council prohibited from performing functions and exercising powers conferred on Auckland Transport under sections 46 and 47

  1. The Auckland Council must not perform any function or exercise any power that this Act has conferred upon Auckland Transport under section 46.

  2. The Auckland Council must not act as a requiring authority in relation to any matter for which Auckland Transport has requiring authority status under section 47(1).

  3. Subsection (1) applies unless Auckland Transport delegates the performance of the function or the exercise of the power to the Auckland Council under section 54.

  4. Subsection (3) applies unless Auckland Transport transfers the designation concerned to the Council under section 47(3).

  5. Nothing in this section prevents the Auckland Council from performing the functions or exercising the powers of a local authority described in section 46(1)(h), or performing the functions or exercising the powers of a requiring authority under the Resource Management Act 1991, in respect of an area that forms part of the Auckland transport system for a purpose that is not transport-related (for example, to regulate the use of a footpath, public space, or road reserve for liquor control purposes, or to designate a corridor that passes through a road).

  6. Subsection (5) applies whether the Council is performing the function or exercising the power as the owner of a road or other land, or otherwise.

Notes
  • Section 50: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
  • Section 50(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).