Land Transport Act 1998

Additional responsibilities concerning road transport - Bylaws

22AD: Consultation

You could also call this:

"Talking to the community before making new road rules"

When a road controlling authority wants to make a new bylaw, you need to know that they have to follow some rules. If the authority is a local council, they must follow the rules in section 156 of the Local Government Act 2002. This means they have to consult with people before making a bylaw.

If the road controlling authority is not a local council, they can only make a bylaw if they talk to certain people first. You are part of the group they need to talk to if you live near the road that the bylaw is about. They also need to talk to other road controlling authorities, the local council, the police, and any other groups that might be affected by the bylaw.

The authority must give you notice in writing about their plan to make a bylaw. They have to give you time to think about it and make submissions if you want to. This means you can tell them what you think about their plan before they make a decision.

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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 3Additional 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. Repealed
  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): repealed, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).