In this Part,—

Where land is taken or acquired under the Public Works Act 1981 for the functioning indirectly of any road, the land so taken or acquired shall not constitute a road for the purposes of frontage to any land; and no person shall have any right of access to, on, under, over, or through the land so taken or acquired without the consent of the authority taking or acquiring the land.

All Government roads declared as such under this Act, the Public Works Act 1981, or any former Public Works Act and, subject to section 316 of the Local Government Act 1974, all roads outside urban areas declared as State highways under the National Roads Act 1953, all roads outside urban areas declared as State highways under this Act, and all roads outside urban areas declared as State highways under the Land Transport Management Act 2003, and the soil thereof, are hereby declared to be vested in the Crown, together with all materials and things of which such roads are composed, or which are capable of being used for the purposes thereof, and which are constructed, placed, or laid upon any such road.

The Minister may construct or repair any road within any part of New Zealand, but such road shall not by reason only of such construction or repair become a Government road.

The Minister may, by notice in the Gazette, declare that any road shall be a Government road, and that road shall become a Government road accordingly.

The Minister may in the same manner declare that any road constructed or controlled by the Minister within the district of a territorial authority shall be under the control and management of that territorial authority, and thereupon that road shall be deemed to be a road within the meaning of section 315 of the Local Government Act 1974.

The powers conferred on the Minister under this section may be exercised from time to time, and any notice made under this section may at any time be revoked in whole or in part or amended.

The Minister shall have the full power of control of all Government roads.

All roads in any area or district for which the Minister of Local Government is the territorial authority and which are not State highways shall be deemed to be Government roads under the control of the Minister.

Nothing in subsection (1) shall apply to any road under the control of a Harbour Board.

All rights and powers vested in any local authority under sections 331, 332, 334, 335, 337 to 341, and 353 of the Local Government Act 1974, and all rights and powers vested in any local authority in relation to roads under any other Act, may, in respect of any Government road, be exercised by the Minister.

The Minister may from time to time make bylaws with respect to any Government road on the subject matters referred to in section 22AB(1) of the Land Transport Act 1998.

Bylaws under subsection (2) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Minister shall have power to do all things necessary to construct and maintain in good repair any road under the Minister’s control, and in particular, but without limiting any power conferred on the Minister elsewhere in this Act, to do the following things:

Before exercising any power under subsection (3) that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the Minister (or an officer of the Agency acting on the Minister’s behalf) must give not less than 10 working days’ notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.

Entry shall not be made under subsection (3) without the consent of the owner or occupier, if the land is within the curtilage of a dwelling or other building, or is within a stockyard, orchard, vineyard, plant nursery, shelter belt, airstrip, garden, or shrubbery.

Before entering on any land pursuant to any power conferred by subsection (3), the Minister or an officer of the Agency acting on the Minister’s behalf shall (except in the case of any emergency or danger) give to the owner and to the occupier of the land not less than 10 working days’ notice in writing of the intention to enter, and shall state in that notice—

The owner or occupier may, within 10 working days after receiving such a notice and after giving notice to the Minister or officer of the owner’s intention to do so, apply to the court, and the court may thereupon summon the Minister or officer to appear before the court at a time and place to be named in the summons.

The application must be made to—

If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—

and all persons concerned shall be bound by any such order.

The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (6A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

Any appeal from an order or a direction made under subsection (7) must be made to the High Court (even for an order or a direction of the Maori Land Court).

Nothing in this section (other than any provision of this section that is relied on in an emergency) shall derogate from the provisions of the Resource Management Act 1991.

For the purpose of erecting or removing any swing gate or cattle stop across any Government road, the provisions of section 344 of the Local Government Act 1974 shall apply as if references in that section to the council were references to the Minister.

The Agency (in the case of a bridge or culvert under its control) and the Minister (in the case of a bridge or culvert under the Minister’s control) may give to the owner or to the occupier of any land situated within 200 metres of any such bridge or culvert and abutting upon any river or stream, notice in writing not to remove or permit to be removed any stone, earth, or other material from any part of his or her land in such manner as may be likely to cause damage to the bridge or culvert.

Nothing in subsection (1) shall apply in respect of any mining operations carried out pursuant to a mining permit within the meaning of the Crown Minerals Act 1991.

Any person dissatisfied with the requirements of any such notice may, within 10 working days after receiving it, appeal against the requirements to the court.

The appeal must be made to—

Every person so appealing, and the Agency or Minister, either personally or by their counsel, shall be entitled to be present and to be heard at the hearing of the appeal.

On hearing the appeal the court may confirm, cancel, or vary the notice as it thinks fit.

The court to which an appeal is made may refer any proceedings resulting from the appeal, or any question in those proceedings, to the other court referred to in subsection (3A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

Any further appeal from the court’s decision must be made to the High Court (even for a decision of the Maori Land Court).

Any person who fails to comply with the requirements of a notice given under this section commits an offence and is liable on conviction to a fine not exceeding $500.

In this section the expression road means a State highway or a road under the control of the Minister; and includes any work or thing in, on, over, or under a road.

Every person commits an offence who, without the written permission of the Agency (in the case of a State highway) or of the Minister (in the case of a road under the Minister’s control),—

and is liable on conviction to a fine not exceeding $1,000 and to a further fine not exceeding $50 for each day or part of a day during which the offence is continued.

Every person who commits an offence against this section may, in addition to any penalty for the offence, be ordered by the court to pay the cost incurred by the Agency or the Minister in removing any such encroachment, obstruction, hazard, disfigurement, or matter, or in repairing any such damage.

A fine shall not be imposed, and an order for payment of costs incurred shall not be made, under this section unless the charging document is filed—

Any permission under this section may be given subject to such conditions and payment of rent as the Agency or Minister thinks fit, and unless otherwise agreed may be revoked without compensation on not less than 3 months’ notice in writing.

Any local authority or other person having lawful power to execute or maintain works on, under, or over any road shall not commence any works or maintenance—

Any consent under subsection (1) may be given subject to such conditions as the Agency or the Minister or the local authority thinks fit for the protection and safety of the public or of the State highway, Government road, or road.

The Agency and the Minister must each publish, on a publicly available Internet site, the criteria that the Agency and the Minister respectively will apply when considering whether to give consent under this section, and must apply those criteria when considering whether to give consent.

Nothing in this section shall apply to—

This section does not prevail over any provision in the Electricity Act 1992, the Gas Act 1992, or the Telecommunications Act 2001 that relates to works or maintenance on, under, or over a road.

Notwithstanding anything to the contrary in any Act or rule of law but subject to paragraph (d), a pole or tower (other than a lighting standard required solely for effective road illumination or a support for a traffic sign or signal) shall not be erected or re-erected on any road outside the urban area of a district of a territorial authority otherwise than adjacent to the frontage line of the land adjoining the road, or as near thereto as is practicable, having regard to—

Subsection (1) shall not apply in any case—

In this section, unless the context otherwise requires,—

Where any structure has been erected upon, in, over, or under any road by any utility authority, either before or after the commencement of this Act, and the controlling authority has by notice in writing to the utility authority or to a responsible officer of it required the removal of the structure because—

the utility authority shall remove the structure within such period as may be specified in the notice.

Where any structure that has been erected upon, in, over, or under any road by any utility authority, either before or after the commencement of this Act, is unsafe or is likely to become unsafe because of any work undertaken or proposed to be undertaken for the improvement of the road as a public highway, the utility authority, after giving at least 5 working days’ notice in writing to the controlling authority of its intention to do so, may remove the structure.

Subject to any agreement to the contrary, the reasonable costs incurred by a utility authority in so removing any structure and (where reasonably necessary) in re-erecting the structure (or an equivalent structure provided by the utility authority at its expense), including compensation payable to the owners and occupiers of the alternative site and a reasonable sum for proper overhead charges, shall, subject to subsection (5), be borne by the controlling authority and the utility authority in equal shares, and the amount payable to the utility authority may be recovered as a debt.

A controlling authority or a utility authority may apply to the District Court to vary the proportions in which the costs and compensation shall be borne; and, in exceptional circumstances where it is reasonable to do so, the District Court may, after hearing the parties, vary those proportions, and the decision of the District Court shall be final and binding on all parties.

Any dispute as to—

shall be heard and determined by the District Court on application made to it in that behalf; and the decision of the District Court shall be final and binding on all parties. The costs and expenses of determining any dispute under this subsection shall be borne as the District Court may direct.

Notwithstanding anything to the contrary in subsection (6), the period within which any structure is required to be so removed may from time to time be extended by agreement between the parties or by the District Court on application made to it in that behalf.

If the utility authority, after receiving notice under subsection (2), fails within the period so determined to remove the structure that is the subject of the notice, the controlling authority, after giving 10 working days’ further notice of its intention to do so, may apply to the District Court for an order requiring the utility authority to remove the structure within such period as may be specified in the order; and in any such case, if the District Court orders the removal of the structure, the whole cost of carrying out the removal and re-erection of the structure shall be borne by the utility authority and shall be recoverable from it by the controlling authority as a debt.

Nothing in the Limitation Act 2010 or in any other Act or any rule of law shall cause or be deemed to have caused the right or title of the controlling authority of the road or of the authority in which the road is vested to be extinguished by reason of the road being occupied by any structure, and nothing in this or in any other Act or any rule of law shall entitle any utility authority to compensation otherwise than under this section for the removal of any structure from any road or in respect of the re-erection of any such structure (or equivalent structure), or in respect of any alteration of any road that necessitates any such removal or re-erection.

In this section and in sections 56 and 57, unless the context otherwise requires,—

The responsible authority may require the owner or occupier of any land adjoining a road or public work to do any of the following things:

Within 10 working days after service of a notice under subsection (2), the owner or occupier may apply to the court for an order setting aside the notice.

The application must be made to—

A copy of any such application shall be served on the responsible authority either before or immediately after it is lodged with the court.

The Registrar of the court shall give notice of the time and place fixed for the hearing of the application to the applicant and the responsible authority, and they shall be entitled to be present and to be heard, either personally or by their counsel or by an officer of the responsible authority.

On hearing the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.

The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (3A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

Every person on whom a notice has been served under this section commits an offence against this Act if the person fails to comply with the requirement contained in the notice within 1 month after—

whichever is the later, and shall be liable on conviction to a fine not exceeding $500; and the responsible authority, by its employees or agents, may enter on the land in respect of which the requirement was made, carry out the required work, and recover the cost from the owner.

All costs and expenses incurred by a responsible authority in carrying out any work under subsection (7) may be recovered from the person who failed to comply with the requirement as a debt due to the responsible authority.

The power of entry conferred by subsection (7) may be exercised in addition to or instead of the filing of a charging document for an offence under that subsection.

If, under the provisions of section 55, a requirement is made by a responsible authority, the requirement shall be by notice in writing signed by any person appointed either generally or specially by the responsible authority for the purpose of giving such notices and shall be served in accordance with section 4 of the Public Works Act 1981.

If the notice is served by being published in a newspaper, the responsible authority shall also affix a copy of the notice upon a conspicuous part of the property in respect of which the notice is issued, or on some public road adjacent to it.

Notwithstanding anything in section 55, if there is imminent danger to life or property, or a likelihood of serious interference with any road or public work, arising from any tree, hedge, plant, or debris, the responsible authority may, on giving such oral notice to the occupier or (if there is no occupier) the owner of the land on which the tree, hedge, plant, or debris is situated as is practicable in the circumstances, enter on the land and do such work as is necessary and sufficient to remove the danger or serious interference for such period as will be sufficient to enable the responsible authority to take action under section 55 in respect of any further work that may be necessary.

If any responsible authority exceeds the powers conferred by this section or causes any unnecessary damage to be done, the work shall be deemed not to have been authorised by this section.

If, under subsection (1), entry is made on any land without notice, advice that entry has been so made shall be given to the owner or occupier of the land as soon thereafter as is practicable, and if the owner or occupier cannot be found, the notice shall be displayed in a prominent place on the land.

All costs and expenses incurred by a responsible authority in lawfully carrying out any work under this section may be recovered as a debt due to the responsible authority from the person who would have been liable to pay if the work had been done under section 55.

Subject to subsection (2) the Minister may, in accordance with the provisions of Part 21 of the Local Government Act 1974, from time to time lay out and construct proposed access ways and service lanes on land belonging to the Crown, and may in respect of such access ways and service lanes exercise all the powers, rights, duties, and authorities conferred on a council under that Part.

An access way or service lane shall not be laid out or constructed on any land under subsection (1) without the written consent of—

Where under any Act or other lawful authority the Crown is empowered to—

that authority shall be deemed to include power to take, purchase, accept dedication of, or otherwise acquire, land for an access way or service lane, to declare land as an access way or service lane, or to stop or close an access way or service lane, as the case may be.

The Minister may, by notice in the Gazette, declare that any access way or service lane constructed or controlled by the Minister within a district shall be under the control and management of the territorial authority of that district, and such access way or service lane shall thereupon be vested in that territorial authority.

Subject to section 62, the Agency shall have the sole powers of control for all purposes, including construction and maintenance, of all State highways under this Act, and any such powers shall be exercisable only pursuant to this Act.

All rights and powers vested in any local authority under sections 331, 332, 334, 335, 337 to 341, and 353 of the Local Government Act 1974, and all rights and powers vested in any local authority in relation to roads under any other Act, may in respect of any State highway be exercised by the Agency.

For the purpose of erecting any swing gate or cattle stop across any State highway, the provisions of section 344 of the Local Government Act 1974 shall apply as if references in that section to the council were references to the Agency.

Any pilot of an overweight or over dimension vehicle for which a permit has been issued by the Agency under regulations or rules made under the Land Transport Act 1998, who is authorised for the purpose by that permit, may stop other vehicles on any State highway under the control of the Agency where such action is necessary for the purposes of safety.

The Agency may from time to time make bylaws with respect to any State highway on the subject matters referred to in section 22AB(1) of the Land Transport Act 1998.

Bylaws under subsection (3) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Agency shall have power to do all things necessary to construct and maintain in good repair any State highway, and in particular, but without limiting any power conferred on the Agency elsewhere in this Act, to do the following things:

The Agency or any local authority may, in the construction and maintenance of any State highway, include such works for the preservation of any Maori historical, cultural, or spiritual interests affected or likely to be affected by the construction or maintenance as may be agreed between the Agency or local authority and the iwi or hapu to which those interests relate.

Before exercising any power under subsection (4) that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the Agency (or an officer of the Agency acting on the Agency’s behalf) must give not less than 10 working days’ notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.

Entry shall not be made under subsection (4) without the consent of the owner or occupier, if the land is within the curtilage of a dwelling or other building, or is within a stockyard, orchard, vineyard, plant nursery, shelter belt, airstrip, garden, or shrubbery.

Before entering on any land pursuant to any power conferred by subsection (4), the Agency or an officer of the Agency acting on the Agency’s behalf shall (except in the case of any emergency or danger) give to the owner and to the occupier of the land not less than 10 working days’ notice in writing of the intention to enter, and shall state in that notice—

The owner or occupier may, within 10 working days after receiving such a notice and after giving notice to the Agency or officer of the owner’s intention to do so, apply to the court, and the court may thereupon summon the Agency, through any officer, or the officer, to appear before the court at a time and place to be named in the summons.

The application must be made to—

If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—

The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (8A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

Any appeal from an order or a direction made under subsection (9) must be made to the High Court (even for an order or a direction of the Maori Land Court).

Nothing in this section (other than any provision of this section that is relied on in an emergency) shall derogate from the provisions of the Resource Management Act 1991.

Nothing in this section shall divest any territorial authority of the property in any road that may form part of a State highway.

If the whole or any part of any Government road or State highway is unformed, the controlling authority of the road or highway may grant a lease or tenancy of the land or a licence to occupy the land on such terms and conditions as the controlling authority thinks fit.

Every lease or tenancy or licence granted under subsection (1) shall be subject to the condition that it may be revoked without compensation if the controlling authority gives the lessee or licensee not less than 6 months’ notice of its intention to revoke the lease or licence.

While any lease or tenancy or licence granted under subsection (1) is in force, the status of the land as a road or highway shall be suspended.

All rents and profits derived from land under this section shall—

as the case may require.

The Minister for the time being responsible for the administration of section 45 of the Public Works Act 1981 or the controlling authority may at any time accept the surrender of any lease, tenancy, or licence to occupy granted under this section.

All or any of the functions, duties, and powers of construction, maintenance, and control conferred on the Agency by this Act with respect to any State highway or portion of a State highway may be delegated by the Agency to the territorial authority in whose district the State highway or portion of it is situated, or, where the boundary between the districts of any territorial authorities runs along any State highway, be delegated by the Agency to such of those territorial authorities as the Agency decides, as if the State highway were wholly in the district of that territorial authority.

Any activity relating to a State highway or part of it that is the subject of a delegation under subsection (1) may be proposed for inclusion in the relevant regional land transport plan by the territorial authority to which a delegation has been made under this section, and included in the plan as if it were a State highway activity.

Any delegation under subsection (1) may be made only with the consent of the territorial authority concerned.

In this section, territorial authority includes Auckland Transport (as established by section 38 of the Local Government (Auckland Council) Act 2009).

Any delegation by the Agency of its functions, duties, or powers under section 62 shall be effected by a resolution of the Agency, and may be either absolute or subject to such conditions as the Agency may by that or any subsequent resolution determine.

Any such delegation, and any such delegation made by the National Roads Board before the commencement of this Act, may at any time be revoked or varied by resolution of the Agency.

The fact that any territorial authority purports to perform any function or duty or exercise any power pursuant to any delegation by the Agency (or by the National Roads Board before the commencement of this Act) shall, in the absence of proof to the contrary, be sufficient evidence of its authority to do so.

While powers of the Agency are delegated to a territorial authority under this Act—

Any delegation by the National Roads Board to any person or body other than a territorial authority before the commencement of this Act is hereby revoked.

A territorial authority to which a delegation of functions, duties, or powers has been made pursuant to section 62 may surrender all or any of such delegated functions, duties, or powers to the Agency by giving notice in writing to that effect not later than 6 months before the end of the financial year of the Agency; and such notice shall take effect on the commencement of the following financial year.

Nothing in subsection (1) shall affect the right of the Agency to delegate, or a territorial authority to request delegation, under section 62.

Where any delegation is revoked under section 63 or surrendered under section 64 the Agency may require the territorial authority to exercise the power conferred on it by section 316(2) of the Local Government Act 1974 and relinquish the property in any State highway concerned.

The Agency shall have full power and control over State highway policy notwithstanding any delegation pursuant to section 62, and every territorial authority to which any delegation is so made shall comply with such policy as is communicated to it by the Agency from time to time.

Subject to section 17, the Agency may—

Notwithstanding anything to the contrary in this Act, the Agency may lease or let, or grant a licence in respect of, any such parking place, parking building, building, facility, amenity, or service for such period, at such rental, and on such terms and conditions as it thinks fit.

Any land may be acquired for the purposes of this section under Part 2 of the Public Works Act 1981 as for a public work, and any land so acquired shall be held for a public work.

Whenever any difference of opinion arises as to the class or classes of traffic for which any State highway or road should be available, the question may be submitted by either party to the Agency, and the decision of the Agency shall be final.

Every bylaw in force in respect of any State highway on the commencement of this Act shall continue in force as if made by the Agency in respect of that State highway, unless and until it is revoked by the Agency or a territorial authority acting pursuant to a delegation under section 62.

At the request of the Agency, the Governor-General may from time to time, by Order in Council published in the Gazette,—

Every Order in Council under this section may in the same manner from time to time be amended or revoked.

No request may be made under subsection (1) that affects or is likely to affect Māori land, land registered in the name of Pootatau Te Wherowhero under section 19 of the Waikato Raupatu Claims Settlement Act 1995, land subject to any other Māori claims settlement Act, or Māori historical, cultural, or spiritual interests, unless the Agency has consulted,—

The Agency must be satisfied after such consultation that the request should be made.

The Minister must cause a copy of every Order in Council made under subsection (1)(b), and of every plan referred to in it, to be deposited in the office of the Registrar-General of Land; and on receipt of it the Registrar-General of Land must record the Order in Council against the relevant record of title.

Where any land affected by any Order in Council made under subsection (1)(b) is Maori land, the Minister shall cause a copy of that order to be deposited in the office of the Registrar of the Maori Land Court who shall record it in the records of the court.

Every motorway declared as such by the Governor-General under section 138 of the Public Works Act 1981 and having that status under that Act immediately before the commencement of this Act is hereby deemed to have been declared to be a motorway under this Act.

Subject to the restrictions specified in this Part and subject to section 17, the Agency may do the following things in respect of any motorway declared under this Act:

Subject to the conditions specified in this section, the Agency may temporarily occupy or use any land for the purpose of constructing, reconstructing, or repairing a motorway, and may do the following things on the land:

The engineer or other person having the charge of the motorway shall, before so occupying or using any land and, except in the case of accident to the motorway requiring immediate repair, give the owner and the occupier of the land not less than 10 working days’ notice in writing, and shall include in the notice—

The owner or occupier may, within 10 working days after receiving such a notice, and after giving notice to the engineer or other person of his or her intention to do so, apply to the court for the issue of a summons requiring the engineer or other person to appear before the court at a time and place to be named in the summons; and upon any such application the court may issue a summons accordingly.

The application must be made to—

If it appears to the court that the use proposed to be made of the land is unreasonable or unnecessary, the court may—

and all persons concerned shall be bound by any such order.

The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (3A) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

Any appeal from an order or a direction made under subsection (4) must be made to the High Court (even for an order or a direction of the Maori Land Court).

Except as provided in section 63 of the Public Works Act 1981, compensation shall not be payable to any person in respect of—

if reasonable and sufficient access to the nearest road crossing over or under the motorway is available by some other road, whether it has been provided or constructed by the Agency or not.

If any question arises as to whether other reasonable and sufficient access is so available, it shall be determined in such manner as is agreed upon between the owners and occupiers of the land, the territorial authority having the control of roads in the district, and the Agency.

If no such agreement is reached, all claims for compensation in respect of the matters referred to in subsection (1) shall be determined in the manner provided by the Public Works Act 1981, but no compensation shall be awarded if in the opinion of the Land Valuation Tribunal other reasonable and sufficient access is so available.

If the making of a motorway has—

and the Agency has not provided access to the land so cut off or between the pieces of land so separated, the Agency shall provide access to the land so cut off or between the pieces of land so separated—

No access need be provided under this section as a consequence of the land having been subdivided after the construction of the motorway.

Where the Agency is satisfied that alternative access has become available to any land that has been granted an access under this section, the Agency may close any access provided under this section on giving not less than 3 months’ notice in writing to the owner and occupier of the land affected.

If the owner or occupier of the land to which subsection (1) applies objects to any decision of the Agency under this section, the Agency shall appoint a competent person to confer with the owner and, if possible, to agree with the owner as to the matter in dispute; and if no agreement can be reached between the parties the matter shall be referred to the court, and the decision of the court thereon shall be final.

The matter must be referred to—

The court to which a matter is referred may refer any proceedings resulting from the matter, or any question in those proceedings, to the other court referred to in subsection (5) if it considers that the proceedings or question would be more appropriately dealt with by the other court.

The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings.

Where it is found necessary for the construction of a motorway to alter any road, tramway, watercourse, or drain, or any other public work, or any water supply pipe or gas supply pipe, or any power supply or telecommunication link, the alterations shall be made in such manner as will—

Before commencing any such alteration, the Agency shall cause a plan of it to be prepared and to be submitted to the local authority having the control of the work proposed to be altered, or to the owner of the water supply pipe or gas supply pipe, power supply, or link, or other work, as the case may be.

If the local authority or owner objects to the proposed alteration, the Agency shall appoint a competent person to confer with the local authority or owner, and, if possible, to agree with the local authority or the owner as to the manner in which the alteration shall be made; and if no agreement can be reached between the parties, the matter shall be referred to the office of the District Court nearest to the work in question, and the decision of the court thereon shall be final.

The Agency may at any time interfere with any such road, public work, pipe, power supply, or link so far as is necessary to effect all necessary repairs on any motorway lawfully constructed thereon, but shall give to such local authority or owner not less than 10 working days’ notice of its intention to do so, except in the circumstances set out in subsection (5).

In any emergency or danger the Agency may carry out forthwith all such works as appear to it to be necessary, and shall as soon as possible give notice of doing so to such local authority or owner.

Neither the Crown nor any local authority nor any other person shall place any wire, cable, pipe, tower, pole, or other structure or thing on, over, or under any motorway or on, over, or under any land that has been taken, purchased, set apart, or acquired for the purpose of constructing a motorway, without the prior written consent of the Agency.

If the Agency receives a request in accordance with subsection (2), the Agency must respond, in writing, within 30 working days of receiving it.

The requests to which subsection (1) applies are those from local authorities, or owners of any pipe, line, or other works associated with wastewater or the supply of water, electricity, gas, or telecommunications, for access to a motorway for the purpose of constructing, maintaining, or in any other way altering any such pipe, line, or other works, or any wire, cable, pipe, tower, pole, or other structure or thing on, over, or under the motorway.

No part of any motorway shall be opened for public traffic until it has been inspected by some proper person appointed by the Agency for the purpose, and until that person has reported to the Agency that he or she has inspected the whole of that part and that it is in good and efficient repair and may safely and conveniently be used for public traffic.

If, in the opinion of the Agency or of any officer of the Agency, any part of any motorway cannot safely be used for public traffic, the Agency or officer may temporarily close that part for public traffic by such means as are immediately available pending inspection and action by the Agency in accordance with subsection (3).

If any part of any motorway has been inspected by some proper person appointed by the Agency for the purpose, and that person has reported to the Agency that he or she has inspected the part and that it cannot safely and conveniently be used for public traffic, the Agency may fence off and close such part of the motorway as it may consider necessary or expedient, and thereafter the provisions of subsection (1) shall apply as if the part of the motorway so closed had not been opened for public traffic.

The Agency may open for the use of traffic or any specified category of traffic any land held for motorway purposes notwithstanding that it has not been declared to be a motorway under section 71.

While any land is open for the use of any traffic or category of traffic pursuant to subsection (4) the land shall be deemed to be—

Subject to the provisions of this Part, the Agency shall have the sole powers of control for all purposes, including construction and maintenance, of all motorways, and for that purpose shall have all the powers and rights vested in it by this Act as if every motorway were a State highway.

For the avoidance of doubt it is declared that all the provisions of section 62 shall apply in respect of any motorway that is not a State highway.

Except as provided in this section, motorways shall, for the purposes of the provisions of this Act relating to the cost of constructing and maintaining State highways, be deemed to be State highways, and no local authority shall be required to contribute to the cost of any motorway.

Any local authority that desires to construct a motorway within its district may include as a project in its land transport programme submitted pursuant to this Act its proposals as to the general route proposed to be followed and for financing the motorway if authorised, and, if the Agency is satisfied that the proposals are reasonable and that the local authority is in a position to carry them into effect, the Agency may request that the motorway be authorised under section 71.

If the motorway is so authorised before any work relating to the construction of the motorway is commenced, the Agency and the local authority or local authorities concerned shall agree upon the apportionment between them of the costs, powers, functions, duties, and liabilities relating to the construction, maintenance, and control of the motorway.

Every request by a local authority for financial assistance from the Agency in respect of a motorway referred to in subsection (2) shall be included in the local roading part of the land transport programme of the local authority or local authorities proposing such motorway.

Every agreement made under this section shall be subject to the construction of the motorway being deferred or accelerated from time to time by the Agency or the local authority, as the Agency or any local authority that is contributing to the cost of it is able to provide money to pay for the work:

Except as provided in this or any other enactment, a person shall not be on a motorway unless the person is—

No person shall cause or permit any animal or thing that is or ought to be under that person’s control to be on any motorway unless—

The owner or person in charge of any animal or thing which is on a motorway in breach of subsection (2) shall be liable for any damage that may result from collision with or attempted avoidance of the animal or thing, unless the owner or person proves that the presence of the animal or thing on the motorway in breach of that subsection was not due to any negligence on his or her part.

A person may operate any vehicle or combination of vehicles on a motorway if—

A person driving a vehicle shall not enter, cross, or leave any motorway except at a motorway, State highway, or road from which vehicular access to the motorway has been constructed and is authorised by the Agency, and subject to such conditions as may be approved and publicly notified by the Minister on the recommendation of the Agency.

Notwithstanding subsection (1), the Agency may, in writing, subject to such conditions (whether as to payment or otherwise) as it thinks fit, authorise the construction and use of a special access to any property or any part of a property adjoining the motorway to which access is not reasonably available from another road.

Except as expressly provided in this Act or in any other enactment, a motorway shall be deemed to be a road for the purposes of every enactment and all civil or criminal proceedings under any enactment.

A motorway shall be deemed not to be a road for the purposes of the exercise of any right involving the subdivision or use of land if that right is conditional upon the land having a frontage or access to a road or is in any other way conditional upon the existence of a road.

The engineer in charge of the construction or maintenance of any motorway shall be deemed to be the occupier of it for the purposes of the Impounding Act 1955; and any act, matter, or thing permitted or required under that Act to be performed or done by the occupier of land as defined in that Act may be performed or done in respect of any such motorway by that engineer or by any person authorised generally or particularly by that engineer for that purpose.

Every person commits an offence who—

and is liable on conviction to a fine not exceeding $500.

The owner or person in charge of any animal or thing which is on a motorway in breach of section 82(2) shall not be guilty of an offence under subsection (1) if the owner or person proves that the presence of the animal or thing on the motorway in breach of that subsection was not due to any negligence on his or her part.

The Auckland Harbour Bridge is declared to be a motorway within the meaning of this Act, and the provisions of this Act and of any other Act and of any regulations relating to motorways accordingly apply to the Auckland Harbour Bridge.

The Agency must at all times ensure that the Auckland Harbour Bridge is adequately lighted so as to provide for the safety of ships and aircraft in the vicinity of the Auckland Harbour Bridge.

No person or body may provide, install, maintain, or repair any water main, gas pipe, or other pipe, or any power or telecommunications line, wire, or cable on the Auckland Harbour Bridge without the consent of the Agency, which may be given subject to such conditions as the Agency considers necessary for the protection and safety of the Auckland Harbour Bridge and of traffic using the Auckland Harbour Bridge.

The person or body responsible for any installation on the Auckland Harbour Bridge must pay to the Agency an annual amount for the use of the Auckland Harbour Bridge as may be agreed upon by the Agency and the person or body.

The Agency may from time to time, by notice in the Gazette and publicly notified, declare any State highway or part of a State highway to be a limited access road.

At the request of the Agency, any land contiguous with a State highway which is a limited access road may be purchased, set apart, or otherwise acquired for limited access road or may be declared limited access road, in the same manner as land may be purchased, set apart, or otherwise acquired for road or declared road; and such land shall thereupon become road, limited access road, and State highway. The document by which such land is so acquired or declared shall state that the land has become road, limited access road, and State highway.

Every limited access road in existence under section 4(4) of the Public Works Amendment Act 1963 immediately before the commencement of the Public Works Act 1981 shall be deemed to be a road and State highway in addition, and shall be deemed to have been declared a limited access road under this Act.

Every limited access road declared as such by the National Roads Board under section 153 of the Public Works Act 1981 and having that status immediately before the commencement of this Act shall be deemed to have been declared to be a limited access road under this Act.

The Agency may from time to time, by notice in the Gazette and publicly notified, revoke the status of limited access road from any State highway or part of it—

Where any land becomes State highway by virtue of section 238(1)(c) of the Resource Management Act 1991 and section 60, and such State highway is a limited access road, such land shall thereupon become part of the limited access road.

Subject to the provisions of this Part, the provisions of this Act and of every other enactment relating to roads shall, so far as they are applicable and with the necessary modifications, apply to—

Each parcel of land that adjoins or has legal access to a State highway or part of a State highway which is a limited access road and that does not have reasonably practicable alternative legal access to some other road, shall be entitled to at least 1 crossing place at which vehicles are permitted to proceed to and from the limited access road from and to the parcel of land. The location of each crossing place shall be specified by the Agency from time to time by notice issued to the owner under section 91.

In this section and in section 91, the expression parcel of land means a parcel of land that can legally be transferred to a person other than an owner of adjoining land without the dedication of any further land as public road and without the deposit of any further plan, but the Agency may deem 2 or more adjoining parcels of land in the same certificate of title to be a parcel of land for the purposes of this section and of section 91.

The Agency, in the case of any limited access road under its control, may from time to time—

Any notice given by the Agency under this section may be registered by the Agency under the Land Transfer Act 2017 against every record of title affected by the notice by lodging the notice with the Registrar-General of Land.

Each copy of any notice given under this section shall identify the land to which it relates, including the record of title reference for the land affected by the notice.

On receipt of any notice issued under this section and the prescribed fee (if any), the Registrar-General of Land must, if everything is in order, note the notice on every relevant record of title.

The notation by the Registrar-General of Land on a record of title of the particulars of a notice is evidence of the existence of the notice but does not create any estate or interest under the Land Transfer Act 2017.

Any notice recorded by the Registrar-General of Land under subsection (4) may be cancelled or varied upon production by the Agency of a notice of cancellation or notice of variation.

Without restricting any provision of any other Act, it is hereby declared that a person shall not drive or move any vehicle or animal, or permit any vehicle or animal to be driven or moved, on to or from any limited access road, except—

Where any person wishes to exercise any right involving the subdivision or use of land, and that right is conditional upon the land having a frontage or access to a road, or is in any other way conditional upon the existence of a road, for those purposes a limited access road which is a State highway shall be deemed not to be a road, except for such purpose, to such extent, and on such conditions, as may be notified from time to time to the territorial authority or, as the case may require, to the Registrar-General of Land by the Agency.

Any person aggrieved at—

may object in writing to the Environment Court within 30 days after being notified of such refusal or conditions.

The provisions of section 24 of the Public Works Act 1981 shall, so far as they are applicable and with the necessary modifications, apply to the hearing of any objection under this section.

The following provisions shall apply in respect of the declaration under section 88(1) of a limited access road:

Where any land is purchased, set apart, or otherwise acquired for, or declared to be, a limited access road under section 88(2), there shall be forwarded to the Registrar-General of Land a certificate by a duly authorised officer of the Agency that the land referred to in it by sufficient descriptions and title references comprises every parcel of land that is affected by that limited access road, either by reason of—

and the Registrar-General of Land shall record the certificate against the titles so specified.

Where any land to which subsection (1) applies is Maori land then the provisions of that subsection shall apply, in addition, as if the Registrar-General of Land were the Registrar of the Maori Land Court, who shall record the certificate in the records of that court.

Where the Agency revokes the status of limited access road from any State highway or part, it shall cause a copy of the Gazette notice, together with a certificate signed by a duly authorised officer of the Agency setting out by sufficient descriptions and title references all parcels of land affected by the revocation, to be forwarded to—

If any limited access road which is a State highway ceases to be a State highway, it shall thereupon be deemed to be a limited access road created under the Local Government Act 1974; and the administration of that road shall pass to the territorial authority responsible for the control of roads in the district.

If any limited access road which is not a State highway becomes a State highway, it shall thereupon be deemed to be a limited access road created under this Part and the administration of that road shall pass to the Agency.

Every person commits an offence who—

and is liable on conviction to a fine not exceeding $500.

Every person having an estate or interest in land which is injuriously affected by the creation of a limited access road under section 88 shall, notwithstanding section 60 of the Public Works Act 1981, be entitled to full compensation from the Crown under Part 5 of that Act.

Where the Agency or any local authority is required under this Act to make any document or matter available to the public, it shall—

If at any time the Agency has reasonable cause to believe that any road, State highway, or motorway under the control of the Agency or a territorial authority is not in reasonable or satisfactory condition,—

In the event of the Agency or the territorial authority not undertaking the work as required and within the period specified in the notice under subsection (1)(b), the Agency itself may arrange for the work to be carried out and may recover the costs of that work from the Agency or the territorial authority, either as a debt due to the Agency or by deducting the amount from payments then due or becoming due to the Agency or the territorial authority from the National Roads Account.

Except as otherwise expressly provided in this Act, this Act shall apply to the Chatham Islands as if the Chatham Islands Council were a territorial authority that is also a regional council.

The Secretary, the Agency and every local authority shall upon request by any of them supply such information as is requested for the purposes of enabling the Secretary, the Agency or the local authority to perform any of its functions, duties, or powers under this Act.