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New Zealand law explained for everyone

Public Works Act 1981

Railways

166: Power to make railways, railway stations, etc

You could also call this:

“The government can build and fix railways and everything needed for them”

The Minister has the power to do many things to build and maintain railways that have been approved by law. You can think of the Minister as someone in charge of making sure railways work well for everyone.

Here are some of the things the Minister can do:

The Minister can build all sorts of things needed for the railway. They can bring machines and vehicles onto land where the railway will be. The Minister can put parts of the railway on roads or other paths.

The Minister can build the railway over or under roads, motorways, or other railways. They can change how high or low these are to make the railway fit.

The Minister can build bridges, tunnels, or raised paths to make the railway go across water, as long as they follow the rules in the Resource Management Act 1991.

If needed, the Minister can change rivers, streams, or drains that aren’t used for boats. They can also make new drains to keep water away from the railway.

The Minister can move or change pipes, wires, or cables that might be in the way of the railway. They can build stations, bridges, and other buildings for the railway.

The Minister can make trains, cars, and other things needed for the railway to work. They can also build new roads to help people get to places that the railway might block off.

Overall, the Minister can do whatever is needed to make, fix, change, and use the railway.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM47751.

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165: Presumption as to area of Crown land or reserves used for railway, revesting of land not used, etc, or

"Rules for land used by railways and what happens to unused land"

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167: Rights of way where railway along or across road on level, or

"Old rule about trains crossing roads has been removed"

Part 13 Railways

166Power to make railways, railway stations, etc

  1. Subject to the restrictions specified in this Part, the Minister may do the following things in respect of any railway authorised under this or any other Act:

  2. construct works of every description and material necessary to the making of the railway:
    1. take machinery and vehicles of any kind on to and across any land within the area set out in the notice defining the middle line of the railway, and use the machinery and vehicles on that land:
      1. make any part of the railway on and along any part of any road, access way, or service lane:
        1. make the railway on, across, over, or under any road, motorway, access way, service lane, railway, or tramway along the defined middle line; and alter the level of any road, access way, motorway, service lane, railway, or tramway for that purpose:
          1. subject to compliance with the Resource Management Act 1991, make the railway across any arm of the sea or any river, stream, lake, or water (whether navigable or not) by means of a bridge, causeway, or tunnel:
            1. subject to compliance with the Resource Management Act 1991, alter the course or the level of any river that is not navigable, or of any stream, watercourse, ditch, or drain:
              1. subject to compliance with the Resource Management Act 1991, make drains or conduits on or under any land adjacent to the railway for the purpose of carrying water off the railway, and at all times maintain them in good repair:
                1. remove or alter any drain or sewer or any pipes, wire, cable, or duct, together with any associated equipment, belonging to any person within or beyond the defined limits of the railway:
                  1. make or construct all such buildings, stations, machinery, bridges, roads, approaches, and other structures and works in connection with the railway as the Minister thinks necessary:
                    1. make or construct all rolling stock, motor vehicles, vessels, plant, machinery, goods, chattels, and other fixed or moveable property of every description used in connection with the railway:
                      1. construct such roads, service lanes, or access ways as the Minister thinks desirable for the purpose of giving access to any land whose access is severed by a railway:
                        1. do all such things as are necessary for making, maintaining, altering, repairing, and using the railway.

                          Compare
                          • 1928 No 21 s 219
                          Notes
                          • Section 166(e): 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 166(e): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                          • Section 166(f): 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 166(f): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                          • Section 166(g): 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 166(g): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                          • Section 166(ia): inserted, on , by section 12 of the Public Works Amendment Act (No 2) 1987 (1987 No 67).