New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to section 318, all roads and the soil thereof, and all materials of which they are composed, shall by force of this section vest in fee simple in the council of the district in which they are situated. There shall also vest in the council all materials placed or laid on any road in order to be used for the purposes thereof.
(2) At the request of the New Zealand Transport Agency, a council may accept or relinquish its property, or any part of its property, in a State highway.
(3) If a council acts under subsection (2),—
(a) the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and
(b) on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly.
(4) In this section the term road does not include—
(a) any Government road:
(b) any State highway or part of a State highway situated in a county or in that part of the district of a district council which before the constitution of the district was or formed part of a county:
(c) any road in respect of which the Minister of Local Government is the council:
(d) any regional road or part thereof (as defined in Part 22) which is vested in the regional or united council.
Compare: 1954 No 76 s 170(1); 1956 No 64 s 191A(1); 1972 No 132 s 2
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).
Subsections (2) and (3) were substituted, as from 7 July 2004, by section 4 Local Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 316(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (2) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words “Transit New Zealand”
for the words “the National Roads Board”
.
Subsection (4)(c) was amended, as from 23 July 1988, by section 11 Local Government Amendment Act (No 3) 1988 (1988 No 109) by substituting the words “Minister of Local Government”
for the words “Minister of Works and Development”
.
