(1) In this Part, unless the context otherwise requires,—
access way means any passage way, laid out or constructed by the authority of the council or the Minister of Works and Development or, on or after 1 April 1988, the Minister of Lands for the purposes of providing the public with a convenient route for pedestrians from any road, service lane, or reserve to another, or to any public place or to any railway station, or from one public place to another public place, or from one part of any road, service lane, or reserve to another part of that same road, service lane, or reserve
council means a territorial authority; and, in relation to land that does not form part of any district, means the Minister of Local Government
district means the district of a territorial authority; and, in relation to land in respect of which the Minister of Local Government is the council, means that land
footpath means so much of any road as is laid out or constructed by authority of the council primarily for pedestrians; and includes the edging, kerbing, and channelling thereof
private road means any roadway, place, or arcade laid out or formed within a district on private land, whether before or after the commencement of this Part, by the owner thereof, but intended for the use of the public generally
private way means any way or passage whatsoever over private land within a district, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not thrown open or intended to be open to the use of the public generally; and includes any such way or passage as aforesaid which at the commencement of this Part exists within any district
road means the whole of any land which is within a district, and which—
and includes—
(f) except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988:
(g) every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—
but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989
service lane means any lane laid out or constructed either by the authority of the council or the Minister of Works and Development or, on or after 1 April 1988, the Minister of Lands for the purpose of providing the public with a side or rear access for vehicular traffic to any land
(3) Nothing in this Part shall be construed as imposing any obligation on the council in relation to any private road or private way.
(4) Every accretion to any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake caused by the action of the river or stream or of the sea or lake shall form part of the road.
(5) Where any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road.
Compare: 1948 No 39 s 2; 1954 No 76 s 169(1)(a)–(e), (2), (5), (7); 1956 No 64 s 191(a)–(e), (g)–(k); 1972 No 132 s 2; 1975 No 8 s 2(1)
Section 315: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 315(1) access way: amended, on 1 April 1988, by section 15(a) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) council: amended, on 1 April 1988, by section 15(b) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) council: amended, on 14 January 1983, by section 28(1) of the Local Government Amendment Act (No 2) 1982 (1982 No 166).
Section 315(1) district: amended, on 1 April 1988, by section 15(c) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) private road: amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 315(1) regional council: repealed, on 1 July 1992, by section 34 of the Local Government Amendment Act 1992 (1992 No 42).
Section 315(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 315(1) road: amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 315(1) road paragraph (f): amended, on 1 April 1988, by section 15(d) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) road paragraph (f): amended, on 12 December 1979, by section 7(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 315(1) scheme plan: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 315(1) service lane: amended, on 1 April 1988, by section 15(e) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) survey plan: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 315(2): repealed, on 1 April 1980 by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).