New Zealand Legislation: Bills
Bills are proposed Acts
(1) This section applies if the Commission proposes to declare any public land to be a walkway and the land is or includes an unformed legal road.
(2) The Commission must consult the public on the proposed declaration by—
(a) giving notice of the proposed declaration to the public using any means it thinks appropriate, and inviting members of the public to comment on it; and
(b) making the proposed declaration readily available to members of the public; and
(c) allowing a reasonable period of time for members of the public to comment on the proposed declaration; and
(d) considering each comment received under this subsection.
(3) The Commission must also obtain the written consent of the local authority in whose district the land is located, after first—
(a) providing the local authority with any comments received under subsection (2); and
(b) allowing the local authority a reasonable period of time to consider the comments.
(4) In deciding whether to consent to a proposed declaration, a local authority must consider each comment provided to it under subsection (3)(a).
(5) If the local authority consents to the declaration of the walkway, it may impose any conditions in relation to the walkway when granting consent.
(6) If the local authority consents to the declaration of the walkway, the landholders with legal frontage on, or direct access to, the unformed legal road retain the right to use the unformed legal road for the same purposes and to the same extent as if the walkway had not been declared.
