New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) the council may, in such manner as it thinks fit, form or upgrade footpaths on one side or both sides of any road, and may construct those footpaths of such dimensions and of such materials and in such manner as it thinks fit, and may impose a charge not exceeding half the cost of those works upon the owners of lands and buildings fronting the road. The amount so imposed shall be payable to the council and until paid shall be in every case a charge on the land.
(2) In forming or reforming any road or part thereof (not being a road in a rural area), the council shall ensure that reasonable and adequate provision is made for the kerb and channel of any footpath or part thereof to be formed or reformed so as to permit safe and easy passage from kerb to kerb of any mechanical conveyance normally and lawfully used by a disabled person:
Provided that the New Zealand Transport Agency may at any time exempt in whole or in part the forming or reforming of any road or part thereof from any requirements of this subsection, if, having regard to all the circumstances, the New Zealand Transport Agency considers that it is reasonable to grant the exemption.
Compare: 1954 No 76 s 178; 1956 No 64 s 198(1), (3); 1972 No 132 s 3; 1975 No 122 s 24
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).
Subsection (1) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by substituting the words “or upgrade”
for the words “and construct or make permanent improvements of”
.
Subsection (1) was further amended, as from 1 October 1991, by section 362 Resource Management Act 1991 (1991 No 69) by omitting the words “Without limiting the generality of its powers in relation to any scheme plan,”
.
Subsection (2) was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word “Safety”
. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Section 331(2) proviso: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
The proviso to subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “Director of Land Transport Safety”
for the words “Director-General of Social Welfare”
.
