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Local Government Act 1974

Roads (other than regional roads), service lanes, and access ways

317: Control of roads

You could also call this:

"Who is in charge of the roads in your area?"

Illustration for Local Government Act 1974

The council is in charge of all roads in the district. This is unless the road is a State highway, and the New Zealand Transport Agency has not given the council control over it under section 62 of the Government Roading Powers Act 1989. The Minister of Transport is in charge of government roads. You need to know that the council can only use its powers over a State highway if it has control over it or the New Zealand Transport Agency agrees. The council gets its powers from this part of the law, and it can use them to control the roads in the district.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420367.

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Part 21Roads (other than regional roads), service lanes, and access ways

317Control of roads

  1. Subject to section 318, all roads in the district shall be under the control of the council: provided that—

  2. a State highway or part thereof shall be under the control of the council only where the New Zealand Transport Agency has, under section 62 of the Government Roading Powers Act 1989, delegated that control to the council:
    1. a government road shall be under the control of the Minister of Transport.

        1. Any powers conferred on the council by this Part may be exercised—

        2. in relation to any State highway or part thereof, only if that State highway or part is under the control of the council or the exercise of that power by the council has been consented to by the New Zealand Transport Agency.

            Notes
            • Section 317: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
            • Section 317(1) proviso paragraph (a): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
            • Section 317(1) proviso paragraph (a): amended, on , by section 116(4) of the Government Roading Powers Act 1989 (1989 No 75).
            • Section 317(1) proviso paragraph (b): amended, on , by section 16 of the Local Government Amendment Act 1988 (1988 No 71).
            • Section 317(1) proviso paragraph (c): repealed, on , by section 35 of the Local Government Amendment Act 1992 (1992 No 42).
            • Section 317(1)(2)(a): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
            • Section 317(2)(b): repealed, on , by section 35 of the Local Government Amendment Act 1992 (1992 No 42).