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Local Government Act 1974

Roads (other than regional roads), service lanes, and access ways - Formation, alteration, stopping, and closing of roads

331: Footpaths and channels

You could also call this:

"Councils can build and fix footpaths and must make roads safe for people with disabilities to cross."

Illustration for Local Government Act 1974

The council can build or upgrade footpaths on one or both sides of any road. They can decide how wide the footpaths are, what they are made of, and how they are built. The council can also charge the owners of the land and buildings next to the road for up to half the cost of building the footpaths. When the council builds or rebuilds a road, they must make sure there is a safe and easy way for people with disabilities to cross the road using mechanical conveyances like wheelchairs. The Director of Land Transport, appointed under section 104A of the Land Transport Management Act 2003, can exempt some roads from this rule if they think it is reasonable to do so.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420447.

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Part 21Roads (other than regional roads), service lanes, and access ways
Formation, alteration, stopping, and closing of roads

331Footpaths and channels

  1. The council may, in such manner as it thinks fit, form or upgrade footpaths on one side or both sides of any road, and may construct those footpaths of such dimensions and of such materials and in such manner as it thinks fit, and may impose a charge not exceeding half the cost of those works upon the owners of lands and buildings fronting the road. The amount so imposed shall be payable to the council and until paid shall be in every case a charge on the land.

  2. In forming or reforming any road or part thereof (not being a road in a rural area), the council shall ensure that reasonable and adequate provision is made for the kerb and channel of any footpath or part thereof to be formed or reformed so as to permit safe and easy passage from kerb to kerb of any mechanical conveyance normally and lawfully used by a disabled person.

  3. However, the Director of Land Transport (appointed under section 104A of the Land Transport Management Act 2003) may exempt or partially exempt any road or part of a road from the requirement in subsection (2) if the Director considers it is reasonable to do so in the circumstances.

Compare
Notes
  • Section 331: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
  • Section 331(1): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
  • Section 331(1): amended, on , by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
  • Section 331(2) proviso: repealed, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
  • Section 331(3): inserted, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).