Local Government Act 1974 No 66 (as at 20 June 2011), Public Act

317 Control of roads
  • (1) Subject to section 318, all roads in the district shall be under the control of the council:

    provided that—

    • (a) a State highway or part thereof shall be under the control of the council only where the New Zealand Transport Agency has, under section 62 of the Government Roading Powers Act 1989, delegated that control to the council:

    • (b) a government road shall be under the control of the Minister of Transport:

    • (c) [Repealed]

    (2) Any powers conferred on the council by this Part may be exercised—

    • (a) in relation to any State highway or part thereof, only if that State highway or part is under the control of the council or the exercise of that power by the council has been consented to by the New Zealand Transport Agency:

    • (b) [Repealed]

    Compare: 1954 No 76 s 170(2); 1956 No 64 s 191A(2); 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).

    Section 317(1) proviso paragraph (a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subsection (1)(a) 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, and by substituting the words section 62 of the Transit New Zealand Act 1989 for the words section 13 of the National Roads Act 1953.

    Subsection (1) proviso (b) was amended, as from 1 April 1988, by section 16 Local Government Amendment Act 1988 (1988 No 71) by substituting the words Minister of Transport for the words Minister of Works and Development.

    Subsection (1) proviso, paragraph (c), was repealed, as from 1 July 1992, by section 35 Local Government Amendment Act 1992 (1992 No 42).

    Section 317(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Subsection (2)(a) 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    Subsection (2)(b) was repealed, as from 1 July 1992, by section 35 Local Government Amendment Act 1992 (1992 No 42).