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Local Government (Auckland Council) Act 2009

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

51: Council's powers under Public Works Act 1981 fettered for works relating to Auckland transport system

You could also call this:

"Auckland Council's power to buy or sell land for transport is controlled by Auckland Transport and the law."

Illustration for Local Government (Auckland Council) Act 2009

When you look at how the Auckland Council works with land for the Auckland transport system, you need to consider the Public Works Act 1981. If Auckland Transport tells the Council about a piece of land under section 48(2) or (4), the Council must use its powers to acquire or dispose of that land. The Council gets its powers from the Public Works Act 1981, which you can find on the New Zealand legislation website. In other cases, the Council can use its powers to acquire or dispose of land for the Auckland transport system, but only if Auckland Transport agrees to it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338621.

Topics:
Transport and travel > Public transportHousing and property > Land useGovernment and voting > Local councils
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50: Council prohibited from performing functions and exercising powers conferred on Auckland Transport under sections 46 and 47, or

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

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52: Council's jurisdiction in respect of roads defined more widely than in Local Government Act 1974, or

"Auckland Council is in charge of more roads than usual, including those defined in the Land Transport Act 1998."

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

51Council's powers under Public Works Act 1981 fettered for works relating to Auckland transport system

  1. The Auckland Council must exercise its powers as a local authority under the Public Works Act 1981 to acquire or dispose of land, as the case may be, if the Council has received notice from Auckland Transport under section 48(2) or (4) in relation to that land.

  2. In any other case, the Auckland Council may exercise its powers as a local authority under the Public Works Act 1981 to acquire or dispose of land in relation to the Auckland transport system and for any transport-related purpose only if Auckland Transport has agreed to the acquisition or disposal of that land.

Notes
  • Section 51: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).