Government Roading Powers Act 1989

Reprint as at 10 May 2011

Government Roading Powers Act 1989

Public Act1989 No 75
Date of assent28 September 1989
Commencementsee section 1(2)
  • Act name: substituted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Transport.


Contents

Title

[Repealed]

1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

Part 1A
Transfund New Zealand

[Repealed]

3A Constitution of Transfund New Zealand [Repealed]

3B Principal objective of Board [Repealed]

3C Functions and powers of Board [Repealed]

3D Functions and powers of Board in relation to alternative forms of transport [Repealed]

3E Board to have powers of natural person [Repealed]

3F Board to comply with policy directions [Repealed]

3G Use of words Transfund New Zealand [Repealed]

3H Board to consider delegating or contracting out functions and powers [Repealed]

3I Delegation of Board's functions or powers to employees of Board [Repealed]

3J Delegation of Board's functions or powers to persons outside Board [Repealed]

Part 1
Transfund and Transit

[Repealed]

Overview

4 Overview [Repealed]

Governance

5 Transfund [Repealed]

6 Transit [Repealed]

7 Functions, duties, and powers [Repealed]

7A Authority to have powers of natural person [Repealed]

7B Completion of performance agreements by Board and Authority [Repealed]

7C Authority to consider delegating or contracting out functions and powers [Repealed]

7D Delegation of Authority's functions or powers to employees of Authority [Repealed]

7E Delegation of Authority's functions or powers to persons outside Authority [Repealed]

Land transport funding

8 Funding system [Repealed]

Part 2
Funding of capital projects and outputs

[Repealed]

Land transport funding

9 Payment of roading revenue to Crown Bank Account [Repealed]

10 Crown's authority to incur certain land transport expenditure [Repealed]

11 Payment of roading revenue into Crown Bank Account [Repealed]

12 Payment of roading revenue from Crown Bank Account [Repealed]

National Roads Account

13 Board to operate National Roads Account [Repealed]

14 Management and investment of National Roads Account [Repealed]

15 Payments from National Roads Account [Repealed]

16 Payments by Board [Repealed]

17 Board may approve outputs and capital projects [Repealed]

18 Approved projects to form part of national roading programme [Repealed]

Payments from National Roads Account to Authority

19 Payments to Authority [Repealed]

20 Authority to operate State Highways Account [Repealed]

20A Special provisions relating to minor and ancillary road works, and in-house professional services [Repealed]

21 Management and investment of State Highways Account [Repealed]

21A Recovery of incorrect payments [Repealed]

22 Payments from State Highways Account [Repealed]

Payments from National Roads Account to local authorities

23 Payments to local authorities [Repealed]

24 Local authorities to operate Land Transport Disbursement Accounts [Repealed]

Restrictions on payments from State Highways Account and Land Transport Disbursement Accounts

25 Interpretation [Repealed]

26 Competitive pricing procedure [Repealed]

27 Expenditure subject to competitive pricing procedure [Repealed]

27A Regional land transport committees [Repealed]

28 Special provisions relating to in-house professional services [Repealed]

29 Special provisions relating to minor and ancillary works during 1997 and 1998 [Repealed]

30 Certain payments for minor and ancillary works deemed to comply with section 27 [Repealed]

31 Information to be provided by local authority in respect of certain payments [Repealed]

32 Determinations by Minister [Repealed]

33 Board may reduce payments in certain cases [Repealed]

34 Board may require certain information from Authority and local authorities [Repealed]

35 Payments may be conditional on projects being carried out to satisfactory standard [Repealed]

36 Certain payments prohibited [Repealed]

Part 3
Safety (administration) and roading programmes

[Repealed]

Safety (administration) programme

37 Safety (administration) programme [Repealed]

38 Approval of safety (administration) programme [Repealed]

39 Agencies to adhere to safety (administration) programme [Repealed]

40 Secretary to make safety (administration) programme available to public [Repealed]

41 Secretary may submit supplementary safety (administration) programme [Repealed]

42 Minister may approve supplementary safety (administration) programme [Repealed]

National roading programme

42A National roading programme [Repealed]

42B Agencies to adhere to national roading programme [Repealed]

42C Board to make national roading programme available to public [Repealed]

State highways, regional, and district roading programmes

42D State highways programme [Repealed]

42E Consultation concerning State highways programme [Repealed]

42F Regional programmes [Repealed]

42G Consultation concerning regional programmes [Repealed]

42H District roading programmes [Repealed]

42I Consultation concerning district roading programmes [Repealed]

42J Provision of information [Repealed]

42K Needs of transport disadvantaged to be considered [Repealed]

42L Maori interests to be considered [Repealed]

Miscellaneous provisions

42M Agreements regarding passenger transport operations [Repealed]

42N Reports on projects and programmes [Repealed]

Part 4
Roading

43 Interpretation

Roads

44 Certain roads vested in Crown

45 Provisions relating to construction of motorways to apply to roads constructed pursuant to middle line [Repealed]

46 Minister may make roads and declare Government or district roads

47 Roads in areas where no territorial authority exists, etc

48 Powers of Minister over roads under Minister's control

49 Powers of Minister in regard to swing gates and cattle stops on roads

50 Owner or occupier of land not to cause damage to bridge by removal of stone, etc

51 Penalties for damage to roads, bridges, etc

52 Notice to be given of local authority works

53 Poles, etc, on roads to be adjacent to boundaries

54 Removal of roadside structures

55 Removal of trees, hedges, etc, that obscure visibility or interfere with public work

56 Service of notice

57 Emergency work on trees, etc

Access ways and service lanes

58 Minister may construct access ways and service lanes

59 Control and management may be vested in territorial authority

State highways

60 Authority may declare State highways [Repealed]

61 Powers and duties of Agency in relation to State highways

61A Controlling authority may grant lease, etc, of certain land

62 Delegation of powers and duties to territorial authorities

63 Delegations

64 Territorial authority may surrender delegated powers and duties

65 Agency may require territorial authority to relinquish property in State highway

66 State highway policy to remain with Agency

67 Whole cost of construction and maintenance of State highways to be paid out of State Highways Account [Repealed]

68 Provision of other facilities

69 Classification of State highways and roads

70 Bylaws

Motorways

71 Governor-General may authorise and declare motorways

72 Middle line procedures [Repealed]

73 Power to construct motorways

74 Land may be temporarily occupied

75 Compensation where road interfered with or wholly closed

76 Access to land cut off from road or separated by motorway

77 Alterations to roads, drains, etc

78 Restrictions on poles, etc, on motorways

78A Response to requests for access to motorway

79 Availability for traffic

80 Maintenance and control of motorways

81 Cost of motorways

82 Restrictions on use of motorways

83 Vehicles which may be operated on motorways

84 Restrictions on access to motorways

85 Motorway deemed to be road

86 Application of Impounding Act 1955

87 Offences and penalties

Limited access roads

88 Creation and revocation of limited access roads

89 Provisions of Acts relating to roads to apply to limited access roads

90 Access to and from land

91 Authorisation of crossing places

92 Restricting movement to or from limited access road

93 Limited access road not a road for certain purposes

94 Requirements relating to declaration of limited access road

95 Certificate of land affected to be forwarded to District Land Registrar

96 Administration of limited access roads

97 Offences

98 Compensation

Part 5
Excise duty

[Repealed]

99 Interpretation [Repealed]

100 Apportionment of excise duty [Repealed]

100A Apportionment of excise duty after 30 June 1992 [Repealed]

101 Refund of excise duty [Repealed]

102 Procedure for obtaining refund [Repealed]

103 Amount of excise duty and refunds may be altered by Order in Council [Repealed]

Part 6
Miscellaneous provisions

104 Special purpose roads [Repealed]

104A Grants from Infrastructure Auckland [Repealed]

105 Public availability of documents

106 Power of Agency to direct roading work

107 Application of Act to Chatham Islands

108 Supply of information

109 Penalty for breach of bylaws

110 Regulations

111 Abolition of National Roads Board and Urban Transport Council, etc

112 Matters pending to lapse

113 Transitional provision in respect of loans by Urban Transport Council or National Roads Board

114 Transitional financial provisions [Repealed]

115 Regional advisory committees [Repealed]

116 Repeals, savings, and consequential amendments

117 Confirmation of Order in Council fixing refunds of excise duty

Schedule 1A
Provisions relating to Transfund New Zealand

[Repealed]

Schedule 1
Provisions relating to Transit New Zealand

[Repealed]

Schedule 1B
Matters to be included in performance agreement

[Repealed]

Schedule 2

[Repealed]

Schedule 3
Enactments repealed

Schedule 4
Enactments amended

Reprint notes


[Repealed]

Title

  • Title: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).