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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

341A: Contribution to cost of railway, subway, or bridge

You could also call this:

"Paying for railways, subways, or bridges: councils can agree to help with costs"

Illustration for Local Government Act 1974

If you are a controlling authority or local authority, you can agree with an infrastructure owner to build and maintain a subway or bridge. You can also agree to pay for some or all of the costs. You can make this agreement for a new or existing subway or bridge. When you pay for the construction, you can spread the payments over 10 years and agree on an interest rate for any unpaid balance.

If you are a controlling authority or local authority, you have the power to do what is necessary to carry out your duties, including making agreements with infrastructure owners to maintain footbridges or pedestrian subways, as stated in section 83 of the Railways Act 2005. An infrastructure owner is someone who has the same meaning as in section 4(1) of the Railways Act 2005. You can work with them to build and maintain subways and bridges.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420604.

Topics:
Government and voting > Local councilsHousing and property > Land useTransport and travel > Public transport
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341: Leases of airspace or subsoil of roads, or

"Councils can rent out the space above or below roads to people for building things, as long as it's safe and follows the rules."

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342: Stopping and closing of roads, or

"Councils can temporarily close roads to some or all traffic, and may charge a fee to use them."

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

341AContribution to cost of railway, subway, or bridge

  1. A controlling authority or local authority, or any 2 or more of those authorities, may agree with an infrastructure owner to—

  2. the construction and maintenance by the infrastructure owner of a subway under, or a bridge over, a railway, or a railway bridge over a road, that is within the district of the controlling authority or local authority; and
    1. the payment by the controlling authority or local authority of the whole or part of the cost of that construction and maintenance.

      1. An agreement may be entered into with respect to any existing or proposed subway or bridge.

      2. A controlling authority or local authority that is authorised by this section to pay in whole or in part the cost of the construction of a subway, bridge, or railway bridge may agree with an infrastructure owner (and is deemed to always have had the power to agree) that—

      3. the payment must be made by instalments extending over a period of not more than 10 years; and
        1. interest at a rate agreed on (if any) must be paid on any unpaid balance of that cost.

          1. Every controlling authority and local authority has all the powers that are reasonably necessary or expedient to enable them to carry out functions or duties conferred or imposed under section 83 of the Railways Act 2005 or this section, including (without limitation) the power to enter into agreements with an infrastructure owner to provide for the maintenance of any footbridge or pedestrian subway.

          2. In this section, infrastructure owner has the same meaning as in section 4(1) of the Railways Act 2005.

          Notes
          • Section 341A: inserted, on , by section 103(3) of the Railways Act 2005 (2005 No 37).