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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

336: Pedestrian malls

You could also call this:

"Rules for pedestrian malls: areas where you can't drive or park, except when allowed"

Illustration for Local Government Act 1974

A council can decide to make a road or part of a road a pedestrian mall. You are not allowed to drive, ride, or park vehicles on a pedestrian mall, except in certain cases. The council can also say when you are not allowed to drive, ride, or park vehicles on the pedestrian mall, such as during certain hours.

If the council makes a decision about a pedestrian mall, you can appeal to the Environment Court within one month. The Environment Court will make a decision based on the Resource Management Act 1991. The court can agree with the council's decision, change it, or cancel it.

If you drive, ride, or park a vehicle on a pedestrian mall when you are not allowed to, you can get in trouble with the law. The council can change or cancel its decision about a pedestrian mall at a later time. When the council makes a decision about a pedestrian mall, it must tell you about your right to appeal.

The council must follow certain rules when making decisions about pedestrian malls, including rules from the Local Government Act 2002 and the Land Transport Act 1998. In this case, "parking" means stopping or standing a vehicle for any amount of time, and "vehicle" has the same meaning as in the Land Transport Act 1998.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420469.

Topics:
Government and voting > Local councilsTransport and travel > DrivingEnvironment and resources > Town planningHousing and property > Land use
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Part 21Roads (other than regional roads), service lanes, and access ways
Formation, alteration, stopping, and closing of roads

336Pedestrian malls

  1. A council may, by using the special consultative procedure,—

  2. declare a specified road or part of a specified road to be a pedestrian mall; and
    1. prohibit or restrict the driving, riding, or parking of any vehicle, or the riding of any animal, on all or any portion of the pedestrian mall either—
      1. generally; or
        1. during particular hours.

        2. A declaration—

        3. may include exemptions and conditions; and
          1. does not take effect until—
            1. the time for appealing under subsection (3) has expired; and
              1. any appeals have been determined under subsection (4).

              2. Any person may, within 1 month after the making of a declaration, or within such further time as the Environment Court may allow, appeal to the Environment Court against the declaration.

              3. The appeal must be made and determined by the Environment Court in accordance with the Resource Management Act 1991 and any regulations made under that Act and the court may quash or affirm the declaration, or affirm the declaration with modification.

              4. The decision of the Environment Court under subsection (4) is final.

              5. Subsections (2)(b) and (3) to (5) do not apply to a declaration that gives effect to the provisions of an operative district plan under the Resource Management Act 1991.

              6. Every person commits an offence who drives, rides, or parks any vehicle or rides any animal, or causes or permits any vehicle to be driven, ridden, or parked or any animal to be ridden, in contravention of a declaration (including a declaration modified by the Environment Court).

              7. A declaration (including a modified declaration) may be revoked or varied by a subsequent declaration using the procedure in subsection (1), and that subsection applies with all necessary modifications.

              8. When the special consultative procedure is used for the purposes of subsection (1), the council must, in addition to the matters referred to in section 83(1)(b)(i) to (iii) of the Local Government Act 2002, ensure that an explanation of the right of appeal under subsection (3) is publicly available.

              9. In this section,—

                parking means the stopping or standing of a vehicle for any period

                  road does not include an access way

                    vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998.

                    Notes
                    • Section 336: replaced, on , by section 9 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
                    • Section 336(4): 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 336(6): replaced, 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 336(9): replaced, on , by section 12 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).