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Land Transport Act 1998

Additional responsibilities concerning road transport - Bylaws

22AD: Consultation

You could also call this:

“Rules for talking to people before making road rules”

You need to know about how people are consulted when making rules called bylaws for roads. If a local authority is making a bylaw, they must follow the rules in Section 156 of the Local Government Act 2002. For bylaws about airports, they need to follow Section 9(4) and (5) of the Airport Authorities Act 1966.

If the road controlling authority isn’t a local authority, they must talk to several groups before making a bylaw. These include people who live next to the road, other authorities responsible for nearby roads, the local council, the local community, the police, and any other groups that might be affected. They also need to talk to the Transport Agency if they’re not the Transport Agency themselves.

When consulting, the road controlling authority must write to all these people and groups. They need to tell them about their plan to make, change, or replace a bylaw. They must also give everyone enough time to share their thoughts on the plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2609708.

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22AC: Minister may amend, replace, or disallow bylaws, or

"Minister can change or cancel road rules if they're not good or already exist"

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22AE: Publication and proof of bylaws, or

"How new road rules are shared and proven"

Part 3 Additional responsibilities concerning road transport
Bylaws

22ADConsultation

  1. Section 156 of the Local Government Act 2002 applies to a bylaw under section 22AB made by a road controlling authority that is a local authority as if that bylaw had been made under that Act.

  2. Section 9(4) and (5) of the Airport Authorities Act 1966 applies to any bylaw made under section 22AB by a local authority or an airport authority in respect of an airport operated by that local authority or airport authority.

  3. A road controlling authority that is not a local authority may not make a bylaw under section 22AB unless it has consulted with—

  4. the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and
    1. any affected road controlling authorities that are responsible for roads that join, or are located near, the road to which the proposed bylaw would apply; and
      1. the territorial authority for the area where the road is located; and
        1. any affected local community; and
          1. the Commissioner of Police; and
            1. any other organisation or road user group that the road controlling authority considers affected; and
              1. the Agency (if the road controlling authority is not the Agency).

                1. The road controlling authority must—

                2. give notice in writing to the persons specified in subsection (2) of the road controlling authority's proposal to make, amend, or replace a bylaw; and
                  1. give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal.

                    Notes
                    • Section 22AD: inserted, on , by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                    • Section 22AD(1): replaced, on , by section 12 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).
                    • Section 22AD(1A): inserted, on , by section 12 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).