Local Government Act 1974

General powers in respect of roads.

Powers (as council), where no land purchase required, in respect of construction, upgrade, repair, realignment of roads, selling surplus soil, making temporary use of land as road, determining what part of a road shall be carriageway/footpath/cycle track, etc, all as more particularity specified.

Restrictions:

a.  No power to name/alter the name of any road, or place a name plate on any building

b.  Subject also to the delegations under Schedule 10 of this Act

Powers and duties (as council) re forming/ upgrading footpaths/the imposition of charges/unpaid costs as specified.

Power (as council) to put charge on the land re unpaid costs.

Powers and duties (as council) re constructing roads; pedestrian safety areas; road features ( plots/flower beds/trees, etc); and facilities for the safety/health /convenience of the public/traffic control and/or enforcement purposes;

Require payment for vehicle crossing.

Power (as council) to authorise person to require the occupier/owner of land to pay the cost of the construction of a vehicle crossing; and to serve notice re the removal of a crossing in the circumstances described.

Powers and duties (as council) in relation to vehicle crossings; construction, removal, dealing with objections, cost recovery, refunds, etc.

Power (as council) to grant a lease/permit use of surface, for airspace and subsoil of any road for a period not exceeding 5 years, subject to specified restrictions.

Restriction: Subject also to General Delegations - Property Management

Power (as council) to close any road to any type of traffic on a temporary basis as provided in Schedule 10 cls11(a)-(d).

Restriction: Subject also to  delegations under Schedule 10




Power (as council) to grant a lease of road no longer required (for a period not exceeding 5 years) in the circumstances and in the manner prescribed; apply road no longer required to another purpose.

Duty (as council) to set aside stopped road as an esplanade reserve where situated along the sea, bank of any river or margin of a lake, in the circumstances and manner prescribed.  

Restrictions:

Subject also to General Delegations - Property Management

Powers in relation to limited access roads

Powers with respect to private roads and private ways.

Require removal of overhanging trees and execute works where life, property or road is in imminent danger.

Powers and duties (as council) in relation to authorising specified encroachments on a road. 

Restriction: Encroachment licences can only be authorised for a maximum of 5 years

Powers and duties (as council) re entering private land (prior to and following resolution of Council) to lay private drain; payment of costs/cost recovery/ compensation to adjoining owners, legal proceedings, etc;

Restriction: Subject also to General Delegations – Legal Proceedings 


Require removal of tree roots.

Powers and duties (as council) re removal of obstructions from drainage channel/ watercourse, not under the control of the council including; entering land; cost recovery; registration of charges; courts proceedings etc, in the circumstances described.

Powers (as council) re covering in/improving any drainage channel/watercourse; cost recovery; registration of charges, etc.

Power (as council) to apply for an injunction restraining a person from further continuance of a breach of the Act.

Restrictions:

a.  This power may not be sub-delegated.

b.  Subject also to General Delegations – Legal Proceedings



Duty (as council) to give public notice of intention to consider closing of road and its subsequent decision.

Powers (as council) re imposition of charges for entry of persons/vehicles as provided.

Restriction: The power to close a road under cl11(e) CANNOT be delegated to an officer.

Powers and duties (as council) re drainage channels and land drainage works on roads and other public works not under the control of the council as specified.

Powers as to drainage channels and land drainage works. 

Inspection of private dams.