Land Transport Management Act 2003

  • This version was republished on 25 March 2022 to make a correction to section 109(2), and on 13 April 2022 to make a correction to section 50(4).
103 Agency may declare State highways

(1)

The Agency, with the consent of the Secretary,—

(a)

may, by notice in the Gazette, declare a road to be a State highway; and

(b)

must, by the same or a subsequent notice, define the route of the State highway by town, road name, or route position.

(2)

A road declared to be a State highway may include land that was not previously constituted as part of the road.

(3)

In determining the route of a State highway, the Agency—

(a)

is not constrained to accept the route of an existing road; and

(b)

may, if the Agency thinks fit, declare, either permanently or temporarily, more than 1 State highway between any 2 places.

(4)

The Agency may vary or revoke a declaration made under subsection (1) in the manner that a declaration is made under subsection (1).

(5)

A revocation of a State highway constitutes the road as a local road for the purposes of this or any other Act.

(6)

A declaration, variation, or revocation 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, may not be made or revoked unless the Agency—

(a)

has consulted,—

(i)

in the case of land registered in the name of Pootatau Te Wherowhero or interests relating to that land, the land holding trustee (as defined in section 7 of the Waikato Raupatu Claims Settlement Act 1995):

(ii)

if any other Māori claims settlement Act requires consultation about the declaration, variation, or revocation, in accordance with that Act:

(iii)

in any other case, every iwi or hapū that in the opinion of the Agency will or may be affected by the declaration, variation, or revocation; and

(b)

is satisfied that the declaration, variation, or revocation should be made.

(7)

Subsection (6) does not limit the ability of the Agency to take similar action in respect of any other population group.

(8)

Before making a declaration under subsection (1) or varying or revoking a declaration under subsection (4), the Agency must consult any regional council or territorial authority that may be affected by the proposed declaration, variation, or revocation and,—

(a)

if the road concerned is within Auckland, the Agency must also consult Auckland Transport and the Auckland Council; and

(b)

if the road concerned is within a project area for a specified development project, the Agency must also consult Kāinga Ora–Homes and Communities.

(9)

A declaration, variation, or revocation made under this section comes into force on a date to be specified in the relevant Gazette notice.

(10)

A road declared to be a State highway under section 11 of the National Roads Act 1953 or section 60 of the Government Roading Powers Act 1989 (formerly known as the Transit New Zealand Act 1989), and having that status under either Act immediately before the commencement of this section, is to be treated as having been declared to be a State highway under this section.

Section 103: substituted, on 1 August 2008, by section 43 of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 103 heading: amended, on 13 June 2013, by section 66(1) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 103(1): replaced, on 13 June 2013, by section 66(2) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 103(3): amended, on 13 June 2013, by section 66(3) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 103(3)(b): amended, on 13 June 2013, by section 66(3) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 103(4): amended, on 13 June 2013, by section 66(4) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 103(8): replaced, on 7 August 2020, by section 300 of the Urban Development Act 2020 (2020 No 42).