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Government Roading Powers Act 1989

The powers and duties delegated are those of the Council as a “local authority”, “territorial authority”, “utility authority”, “responsible authority” or as otherwise specified. Note: the reference throughout the delegations to the "Agency" means the New Zealand Transport Agency (NZTA).

Section Summary of Function or Power Delegated
Officers
s52

Give consent to works on road.

Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s53 General duty (as any authority) to erect poles or towers on any road outside the urban area of a district of a territorial authority only as specified, subject to exceptions provided.  Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s54

Powers and duties (as utility authority) re the removal of structures specified, in over or under any road and in relation to compensation/costs incurred as specified; extension periods; removal orders; debt recovery, etc.

Restrictions:

a. Power to apply to the Court for extension/removal orders restricted to Manager Delivery Sustainability & Infrastructure.



Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s55-56

Powers and duties (as responsible authority) to require the owner/occupier of any land described to remove trees, hedges, etc, that affect a public work.

Restriction: Subject also to the General Delegations – Legal Proceedings

Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s57

Emergency work powers to remove obstructions on private land for temporary period.



Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s61 Power (as local authority) in the construction and maintenance of any State highway, to include works for the preservation of the matters specified.  Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s62

Powers and duties (as territorial authority) that has consented to the delegations of powers by the Agency.

Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s64

Power (as territorial authority) to surrender all or any of such delegated functions, duties, or powers to the Agency in the manner prescribed.



Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s66 Duty (as territorial authority) to comply with policies of the Agency when exercising delegations.  Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s69 Power (as party) to refer difference of opinion re class of traffic for State highway/ road to the Agency.  Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s77

Consent or object to alterations by NZTA.

Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s96 Duty (as territorial authority responsible for the control of roads in the district) to administer road deemed to be a limited access road that ceases to be a State highway.  Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s105 Duty (as local authority) when required, to make any document under the Act available for public inspection/copying in the manner prescribed.  Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s106

Duty (as territorial authority) to undertake roading work notified by the Agency.



Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s108 Duty (as local authority) upon request by bodies specified to supply such information requested.  Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s109

Power (as territorial authority) to apply to the District Court for an injunction restraining a further continuance of a breach of a bylaw in the circumstances specified.

Restriction: Subject also to the General Delegations – Legal Proceedings 

Manager Delivery Sustainability & Infrastructure

s63

Duties (as territorial authority) to exercise powers delegated by the Agency in its own name and to be liable accordingly.

Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead

s75

Reach agreement as to reasonableness or sufficiency of access.

Manager Delivery Sustainability & Infrastructure

Transportation Operations Lead

ITS & Delivery Asset Lead