Local Government Act 1974

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

339: Transport shelters

You could also call this:

"Building shelters on footpaths for people waiting for buses or trains"

Illustration for Local Government Act 1974

If you want to build a shelter for people waiting for public transport, the council can put it on the footpath. They must make sure it does not block access to any nearby land. The council will tell the people who own or live on the nearby land about their plan.

You have 14 days to write to the council if you do not like their plan. The council will then set a time to talk about your concerns and listen to what you have to say. They might change their plan or decide not to build the shelter.

The council will consider all concerns before making a decision. They will try to hear all concerns at the same time so everyone can discuss them together. In this case, a road does not include a special path that only some people can use.

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This page was last updated on 10 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420492.

Topics:

Government and voting > Local councilsTransport and travel > Public transport

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

339Transport shelters

The council may erect on the footpath of any road a shelter for use by intending public-transport passengers or small passenger service vehicle passengers: provided that no such shelter may be erected so as to unreasonably prevent access to any land having a frontage to the road.
The council shall give notice in writing of its proposal to erect any shelter under this section to the occupier and, if he is not also the owner, to the owner of any land the frontage of which is likely to be injuriously affected by the erection of the shelter, and shall not proceed with the erection of the shelter until after the expiration of the time for objecting against the proposal or, in the event of an objection, until after the objection has been determined.
Within 14 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the proposal.
Where any person objects to the proposal in accordance with subsection (3), the council shall appoint a day for considering the objection and shall give notice to the objector of the time when and place where the objection is to be heard. Any such time shall be not earlier than 7 days after the date on which the notice of objection was received at the office of the council.
The council shall, at the time and place stated in the notice referred to in subsection (4), consider the objection, and after hearing any submissions made by or on behalf of the objector, may either dismiss the objection or decide not to proceed with the proposal or make such modifications to the proposal to which the objection relates as it thinks fit. The hearing of any such objection may be adjourned from time to time and from place to place.
Where there are more objectors than 1, the council shall, as far as practicable, hear all objections together and give each objector an opportunity of considering and being heard in respect of all other objections.
No resolution under this section shall be passed until the council has considered all the objections of which notice has been given in accordance with this section.
In this section the term road does not include an access way.

Notes

Section 339: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 339(1): amended, on 1 October 2017, by section 110(3) of the Land Transport Amendment Act 2017 (2017 No 34).