New Zealand Legislation: Acts

315 Interpretation

• (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

  Access way: this definition was amended, as from 1 April 1988, by section 15(a) Local Government Amendment Act 1988 (1988 No 71) by inserting the words “or, on or after the 1st day of April 1988, the Minister of Lands”.

  council means a territorial authority; and, in relation to land that does not form part of any district means the Minister of Local Government

  Council: this definition was amended, as from 1 April 1988, by section 15(b) Local Government Amendment Act 1988 (1988 No 71) by substituting the words “Minister of Local Government” for the words “Minister of Works and Development”.

  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

  District: this definition was amended, as from 1 April 1988, by section 15(c) Local Government Amendment Act 1988 (1988 No 71) by substituting the words “Minister of Local Government” for the words “Minister of Works and Development”.

  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 road: this definition was amended, as from 29 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the words “or formed”.

  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

  regional council

  [Repealed]

  Regional council: this definition was repealed, as from 1 July 1992, by section 34 Local Government Amendment Act 1992 (1992 No 42).

  road means the whole of any land which is within a district, and which—

  • (a) immediately before the commencement of this Part was a road or street or public highway; or

  • (b) immediately before the inclusion of any area in the district was a public highway within that area; or

  • (c) is laid out by the council as a road or street after the commencement of this Part; or

  • (d) is vested in the council for the purpose of a road as shown on a deposited survey plan; or

  • (e) is vested in the council as a road or street pursuant to any other enactment;—

  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

  scheme plan

  [Repealed]

  Scheme plan: this definition was repealed, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

  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

  Service lane: this definition was amended, as from 1 April 1988, by section 15(e) Local Government Amendment Act 1988 (1988 No 71) by inserting the words “or, on or after the 1st day of April 1988, the Minister of Lands”.

  survey plan has the same meaning as in the Resource Management Act 1991.

  Survey plan: this definition was substituted, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69).

  (2) [Repealed]

  (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.

  Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

  Section 315(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Road: paragraph (f) of this definition was amended, as from 12 December 1979, by section 7(1) Local Government Amendment Act 1979 (1979 No 59) by inserting the words “or is laid out or constructed by or vested in any council as an access way or service lane”. It was further amended, as from 1 April 1988, by section 15(d) Local Government Amendment Act 1988 (1988 No 71) by inserting the words “or is declared by the Minister of Lands as an access way or service lane on or after the 1st day of April 1988”.

  Road: paragraph (g) of this definition was amended, as from 1 February 1982, by section 248 Public Works Act 1981 (1981 No 35) by substituting the expression “Public Works Act 1981” for the expression “Public Works Amendment Act 1947”.

  Subsection (2) was repealed, as from 1 April 1980 by section 9(1) Local Government Amendment Act 1979 (1979 No 59).