New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) For the purposes of these regulations, roads shall be classified in Class I or Class C.
(2) Subject to subclause (19) of this regulation, Class I shall comprise—
(a) all roads classified in Class I before the 1st day of February 1989; and
(b) all state highways; and
(c) all roads classified in Class II before the 1st day of February 1989.
(3) Subject to subclause (19) of this regulation, Class C shall comprise roads—
(a) that would be likely to suffer excessive damage by heavy motor vehicles if classified in Class I; and
(b) are classified in Class C by the Agency.
(4) The Board may at any time require the Agency to alter the classification of any state highway. Any other controlling authority having the control of any road may at any time apply to the Agency to approve a proposal of the controlling authority that the classification of the road be altered.
(5) Notwithstanding anything in subclauses (1) to (4) of this regulation, the Board, after notice to the appropriate controlling authority, may require the Agency to alter the classification of any road under the control of that authority, and the Agency shall declare the classification accordingly.
(6) Where a controlling authority or the Board applies to or requires the Agency to alter the classification of a Class I road to Class C, it shall first give public notice of the names or other sufficient identification of the roads proposed to be so classified and of the class to which it is proposed that each such road shall be declared to belong, and shall in that notice call upon any person objecting to lodge notice in writing of his or her objection and of the ground thereof at an address to be stated in the notice, and before a date to be specified in the notice which shall be at least 14 clear days after the date of the first publication of the notice. The notice shall be given by publishing in some newspaper circulating in the district affected a notice in form A in Schedule 1 to these regulations.
(7) Upon the expiration of the period stated in the notice, the controlling authority shall apply to the Agency for approval or (in the case of an application by the Board) for a declaration of the alteration in classification, and, except in the case of the Board, the controlling authority shall forward with its application any objections relating to the application.
(8) In the case of an alteration in classification proposed by the Board, the Agency shall, by notice in the Gazette, declare the alteration in classification proposed by the Board.
(9) In the case of an alteration in classification proposed by any other controlling authority, the Agency may, by notice in the Gazette, approve the proposed classification, or, with the concurrence of the parties concerned, modify the proposed alteration in classification in accordance with any objections received or otherwise, and then approve the alteration in classification as so modified.
(10) In the event of any difference of opinion as to the correct classification for a road arising between the Agency and the controlling authority applying under subclause (4) of this regulation to have the road classification altered and any party objecting under subclause (6) of this regulation to the proposed alteration, the question may be submitted by the Agency or the controlling authority or any such party to the Board. The decision of the Board shall be final, and the Agency shall, by notice in the Gazette, declare the alteration in classification (if any) in accordance with the decision of the Board.
(11) When the classification of a road is altered, the controlling authority shall give public notice, by publication in some newspaper circulating in the district affected, of the classification effected and of the Authority's approval or declaration thereof, and shall forthwith erect and shall at all times maintain, in the manner prescribed by Land Transport Rule: Traffic Control Devices 2004 (54002), such one of the signs described in that rule as may be appropriate to the classification.
(12) Upon publication in the Gazette of a notice given under subclause (8) or subclause (9) or subclause (10) of this regulation, the controlling authority shall forthwith take the steps prescribed by subclause (11) of this regulation. On default by the controlling authority, the Agency may at any time take those steps, or any of them, at the expense in all things of the controlling authority.
(13) No classification of any road shall be deemed to have altered to Class C—
(a) until it is approved or declared by the Agency in writing and publicly notified and the road is signposted as provided by subclause (11) of this regulation; or
(b) at any time while the signposting of the road is not maintained as provided by subclause (11) of this regulation.
(14) Any controlling authority may declare that temporarily a Class C road shall become Class I. Where a declaration is made under this subclause,—
(a) a copy of the declaration shall be sent to the Agency within 7 days; and
(b) notice of the declaration shall within 7 days be given by publication of the terms of the declaration or a statement conveying the general effect of the declaration in some newspaper circulating in the district to which the declaration relates; and
(c) the controlling authority shall erect such one of the signs described in Land Transport Rule: Traffic Control Devices 2004 (54002) as may be appropriate to the temporary classification and period during which it has effect; and
(d) any signs relating to the permanent classification of the road shall be removed or covered.
(15) Any such temporary classification shall, unless reimposed, have effect until the date specified in the declaration. On this date the controlling authority shall remove the temporary signs and replace the permanent classification signs, or, as the case may be, remove any covering placed over the permanent classification signs.
(16) Notwithstanding anything in subclause (15) of this regulation, a controlling authority may, on reasonable grounds, terminate any temporary classification before the date specified in the original declaration. Notice of any such termination shall be given by publication, before the date on which the termination takes effect, of a statement conveying the grounds of and the general effect of the termination in the newspaper which carried notice of the original declaration. On the date on which the termination takes effect, the controlling authority shall remove the temporary signs and replace the permanent classification signs, or, as the case may be, remove any covering placed over the permanent classification signs.
(17) Any operator of a motor vehicle to which a current road user licence relates who claims that his or her operations are adversely affected by a classification of a road, or any association including such licensees, may apply to the controlling authority not earlier than 12 months after the date when the classification was last altered for the classification to be altered. The controlling authority, if it is satisfied, by such evidence as it thinks fit, that the claim has been substantiated, may take the appropriate steps to alter the classification. If in the case of a road not under the control of the Board the alteration is not effected within 3 months after the date of the application, the licensee or association, as the case may be, may within a further period of 14 days appeal to the Board, which, after making such inquiries as it thinks proper, may exercise its power to require the Agency to alter the classification under subclause (5) of this regulation or decide not to require the Agency to alter the classification.
(18) In any proceedings for a breach of these regulations—
(a) relating to a road alleged to belong or to be deemed to belong to Class I, evidence by a constable or traffic officer that the road belonged to Class I shall be sufficient evidence that the road at all material times belonged to that class:
(b) relating to a road alleged to belong to Class C,—
(i) the production of a copy of the Gazette, or of an official extract therefrom, purporting to contain the Authority's approval or declaration of the classification of any road; and
(ii) proof that at all material times the appropriate classification signs were erected and maintained on the road in accordance with Land Transport Rule: Traffic Control Devices 2004 (54002)—
shall be sufficient evidence that the road was at all material times duly classified in the class specified in the Authority's approval or declaration.
(19) No classification made by or under either subclause (2)(c) or subclause (3) of this regulation shall have effect before the 1st day of August 1989.
Regulation 3 was substituted by regulation 3(1) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325).
Refer to regulation 12 Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325) for the transitional provisions.
Regulation 3 was amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the words “Authority”
and “Authority's”
for the words “Secretary”
and “Secretary's”
wherever they occurred.
Regulation 3(3)(b): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(4): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(5): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(6): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(7): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(8): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(9): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(10): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (11) was amended, as from 27 February 2005, by regulation 4(1)(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “regulation 4 of these regulations”
.
Subclause (11) was amended, as from 27 February 2005, by regulation 4(1)(b) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “that rule”
for the words “that regulation”
.
Regulation 3(12): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(13)(a): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3(14)(a): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (14)(c) was amended, as from 27 February 2005, by regulation 4(2) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “regulation 4 of these regulations”
.
Regulation 3(17): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (18) was amended by regulation 2 Heavy Motor Vehicle Regulations 1974, Amendment No 8 (SR 1992/182) by inserting the words “constable or”
.
Subclause (18)(b)(ii) was amended, as from 27 February 2005, by regulation 4(3) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “regulation 4 of these regulations”
.
