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Extraordinary Council
20 June 2016
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Local
Government Act 1974 (as at 26 March 2015)
342 Stopping and
closing of roads
(1) The council may, in the
manner provided in Schedule 10,—
(a) stop any road or part thereof
in the district:
provided that the council shall
not proceed to stop any road or part thereof in a rural area unless the prior
consent of the Minister of Lands has been obtained; or
(b) close any road to traffic or
any specified type of traffic (including pedestrian traffic) on a temporary
basis in accordance with that schedule and impose or permit the imposition of
charges as provided for in that schedule.
(2) [Repealed]
Compare:
1954 No 76 s 170(4)(h), (i); 1956 No 64 s 191A(5)(h),
(i); 1972 No 132 s 2
Section
342: inserted, on 1 April 1979, by section 2 of the Local Government
Amendment Act 1978 (1978 No 43).
Section
342(1)(a) proviso: amended, on 26 March 2015, by section 4 of the Local Government Act 1974
Amendment Act 2015 (2015 No 20).
Section
342(1)(b): replaced, on 14 August 1986, by section 9(1) of the Local Government
Amendment Act (No 3) 1986 (1986 No 50).
Section
342(2): repealed, on 14 August 1986, by section 9(2) of the Local Government
Amendment Act (No 3) 1986 (1986 No 50).
Local Government Act 1974 (as at 26 March 2015)
Schedule 10
Conditions as to
stopping of roads and the temporary prohibition of traffic on roads
ss 319(h), 342
Schedule
10: inserted, on 1 April 1979, by section 3(1) of the Local Government
Amendment Act 1978 (1978 No 43).
Stopping of
roads
1
The council shall prepare a plan
of the road proposed to be stopped, together with an explanation as to why the
road is to be stopped and the purpose or purposes to which the stopped road
will be put, and a survey made and a plan prepared of any new road proposed to
be made in lieu thereof, showing the lands through which it is proposed to
pass, and the owners and occupiers of those lands so far as known, and shall
lodge the plan in the office of the Chief Surveyor of the land district in
which the road is situated. The plan shall separately show any area of
esplanade reserve which will become vested in the council under section 345(3).
Schedule
10 clause 1: amended, on 1 October 1991, by section 362 of the Resource Management Act
1991 (1991 No 69).
2
On receipt of the Chief
Surveyor’s notice of approval and plan number the council shall open the
plan for public inspection at the office of the council, and the council shall
at least twice, at intervals of not less than 7 days, give public notice
of the proposals and of the place where the plan may be inspected, and shall in
the notice call upon persons objecting to the proposals to lodge their
objections in writing at the office of the council on or before a date to be
specified in the notice, being not earlier than 40 days after the date of the first
publication thereof. The council shall also forthwith after that first
publication serve a notice in the same form on the occupiers of all land
adjoining the road proposed to be stopped or any new road proposed to be made
in lieu thereof, and, in the case of any such land of which the occupier is not
also the owner, on the owner of the land also, so far as they can be
ascertained.
3
A notice of the proposed stoppage
shall, during the period between the first publication of the notice and the
expiration of the last day for lodging objections as aforesaid, be kept fixed
in a conspicuous place at each end of the road proposed to be stopped:
provided that the council shall
not be deemed to have failed to comply with the provisions of this clause in
any case where any such notice is removed without the authority of the council,
but in any such case the council shall, as soon as conveniently may be after
being informed of the unauthorised removal of the notice, cause a new notice
complying with the provisions of this clause to be affixed in place of the
notice so removed and to be kept so affixed for the period aforesaid.
4
If no objections are received
within the time limited as aforesaid, the council may by public notice declare
that the road is stopped; and the road shall, subject to the council’s
compliance with clause 9,
thereafter cease to be a road.
5
If objections are received as
aforesaid, the council shall, after the expiration of the period within which
an objection must be lodged, unless it decides to allow the objections, send
the objections together with the plans aforesaid, and a full description of the
proposed alterations to the Environment Court.
Schedule
10 clause 5: amended, on 2 September 1996, pursuant to section
6(2)(a)
of the Resource Management Amendment Act 1996 (1996 No 160).
6
The Environment Court shall
consider the district plan, the plan of the road proposed to be stopped, the
council’s explanation under clause 1,
and any objection made thereto by any person, and confirm, modify, or reverse
the decision of the council which shall be final and conclusive on all
questions.
Schedule
10 clause 6: replaced, on 1 October 1991, by section 362 of the Resource Management Act
1991 (1991 No 69).
Schedule
10 clause 6: amended, on 2 September 1996, pursuant to section
6(2)(a)
of the Resource Management Amendment Act 1996 (1996 No 160).
7
If the Environment Court reverses
the decision of the council, no proceedings shall be entertained by the
Environment Court for stopping the road for 2 years thereafter.
Schedule
10 clause 7: amended, on 2 September 1996, pursuant to section
6(2)(a)
of the Resource Management Amendment Act 1996 (1996 No 160).
8
If the Environment Court confirms
the decision of the council, the council may declare by public notice that the
road is stopped; and the road shall, subject to the council’s compliance
with clause 9,
thereafter cease to be a road.
Schedule
10 clause 8: amended, on 2 September 1996, pursuant to section
6(2)(a)
of the Resource Management Amendment Act 1996 (1996 No 160).
9
Two copies of that notice and of
the plans hereinbefore referred to shall be transmitted by the council for
record in the office of the Chief Surveyor of the land district in which the
road is situated, and no notice of the stoppage of the road shall take effect
until that record is made.
10
The Chief Surveyor shall allocate
a new description of the land comprising the stopped road, and shall forward to
the District Land Registrar or the Registrar of Deeds, as the case may require,
a copy of that description and a copy of the notice and the plans transmitted
to him by the council, and the Registrar shall amend his records accordingly.
Temporary
prohibition of traffic
11
The council may, subject to such
conditions as it thinks fit (including the imposition of a reasonable bond),
and after consultation with the Police and the New Zealand Transport Agency,
close any road or part of a road to all traffic or any specified type of
traffic (including pedestrian traffic)—
(a) while the road, or any drain,
water race, pipe, or apparatus under, upon, or over the road is being
constructed or repaired; or
(b) where, in order to resolve
problems associated with traffic operations on a road network, experimental
diversions of traffic are required; or
(c) during a period when public
disorder exists or is anticipated; or
(d) when for any reason it is
considered desirable that traffic should be temporarily diverted to other
roads; or
(e) for a period or periods not
exceeding in the aggregate 31 days in any year for any exhibition, fair,
show, market, concert, film-making, race or other sporting event, or public
function:
provided that no road may be
closed for any purpose specified in paragraph (e) if that closure would, in the
opinion of the council, be likely to impede traffic unreasonably.
Schedule
10 clause 11: replaced, on 14 August 1986, by section
14(1) of the
Local Government Amendment Act (No 3) 1986 (1986 No 50).
Schedule
10 clause 11: amended, on 26 March 2015, by section 5 of the Local Government Act 1974
Amendment Act 2015 (2015 No 20).
11A
The council shall give public
notice of its intention to consider closing any road or part of a road under clause 11(e);
and shall give public notice of any decision to close any road or part of a
road under that provision.
Schedule
10 clause 11A: inserted, on 14 August 1986, by section
14(1) of the
Local Government Amendment Act (No 3) 1986 (1986 No 50).
11B
Where any road or part of a road
is closed under clause 11(e),
the council or, with the consent of the council, the promoter of any activity
for the purpose of which the road has been closed may impose charges for the
entry of persons and vehicles to the area of closed road, any structure erected
on the road, or any structure or area under the control of the council or the
promoter on adjoining land.
Schedule
10 clause 11B: inserted, on 14 August 1986, by section
14(1) of the
Local Government Amendment Act (No 3) 1986 (1986 No 50).
11C
Where any road or part of a road
is closed under clause 11(e),
the road or part of a road shall be deemed for the purposes of—
(a) [Repealed]
(b) the Traffic Regulations 1976:
(c) the Transport (Drivers
Licensing) Regulations 1985:
(d) [Repealed]
(e) the Transport (Vehicle
Registration and Licensing) Notice 1986:
(ea) the Land Transport Act 1998:
(f) any enactment made in
substitution for any enactment referred to in paragraphs (a) to (ea)—
not to be a road; but nothing in
this clause shall affect the status of the road or part of a road as a public
place for the purposes of this or any other enactment.
Schedule
10 clause 11C: inserted, on 14 August 1986, by section
14(1) of the
Local Government Amendment Act (No 3) 1986 (1986 No 50).
Schedule
10 clause 11C(a): repealed, on 10 May 2011, by section
100(3) of the
Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011
No 13).
Schedule
10 clause 11C(d): repealed, on 1 May 2011, by section
35(4) of the
Land Transport Amendment Act 2009 (2009 No 17).
Schedule
10 clause 11C(ea): inserted, on 1 March 1999, by section
215(1) of the
Land Transport Act 1998 (1998 No 110).
Schedule
10 clause 11C(f): amended, on 1 March 1999, by section
215(1) of the
Land Transport Act 1998 (1998 No 110).
12
The powers conferred on the
council by clause 11
(except paragraph (e)) may be exercised by the chairman on behalf of the
council or by any officer of the council authorised by the council in that
behalf.
13
Where it appears to the council
that owing to climatic conditions the continued use of any road in a rural
area, other than a State highway or government road, not being a road generally
used by motor vehicles for business or commercial purposes or for the purpose
of any public work, may cause damage to the road, the council may by resolution
prohibit, either conditionally or absolutely, the use of that road by motor
vehicles or by any specified class of motor vehicle for such period as the
council considers necessary.
14
Where a road is closed under clause 13,
an appropriate notice shall be posted at every entry to the road affected, and
shall also be published in a newspaper circulating in the district.
15
A copy of every resolution made
under clause 13
shall, within 1 week after the making thereof, be sent to the Minister of
Transport, who may at any time, by notice to the council, disallow the
resolution, in whole or in part, and thereupon the resolution, to the extent
that it has been disallowed, shall be deemed to have been revoked.
16
No person shall—
(a) use a vehicle, or permit a
vehicle to be used, on any road which is for the time being closed for such
vehicles pursuant to clause 11;
or
(aa) without the consent of the
council or the promoter of any activity permitted by the council, enter or
attempt to enter, or be present, on any road or part of a road that is for the
time being closed to pedestrian traffic pursuant to clause 11;
or
(b) use a motor vehicle, or
permit a motor vehicle to be used, on any road where its use has for the time
being been prohibited by a resolution under clause 13.
Schedule
10 clause 16(aa): inserted, on 14 August 1986, by section
14(2) of the
Local Government Amendment Act (No 3) 1986 (1986 No 50).
