Local Government Act 1974 Flashcards
2020
5a. According to Section 315 Local Government Act 1974, what effects do accretion and
erosion have on a road along the bank of a river or stream or along the mean high-water
mark of the sea or along the margin of any lake?
(4) Every accretion to any road along the bank of a river or stream or along the mean
high-water mark of the sea or along the margin of any lake caused by the action of the
river or stream or of the sea or lake shall form part of the road. (1 mark)
(5) Where any road along the bank of a river or stream or along the mean high-water mark
of the sea or along the margin of any lake is eroded by the action of the river or stream
or of the sea or lake, the portion of road so eroded shall continue to be a road. (1
mark)
2020
5b. Section 319 Local Government Act 1974 grants Council general powers in respect of roads.
Identify ten of these powers.
The council shall have power in respect of roads to do the following things:
(a) to construct, upgrade, and repair all roads with such materials and in such manner
as the council thinks fit: (½ mark)
(b) [Repealed]
(c) to lay out new roads: (½ mark)
(d) to divert or alter the course of any road: (½ mark)
(e) to increase or diminish the width of any road subject to and in accordance with the
provisions of the district plan, if any, and to this Act and any other Act: (½ mark)
(f) to determine what part of a road shall be a carriageway, and what part a footpath
or cycle track only: (½ mark)
(g) to alter the level of any road or any part of any road: (½ mark)
(h) to stop or close any road or part thereof in the manner and upon the conditions set
out in section 342 and Schedule 10: (½ mark)
(i) to make and use a temporary road upon any unoccupied land while any road
adjacent thereto is being constructed or repaired: (½ mark)
(j) to name and to alter the name of any road and to place on any building or erection
on or abutting on any road a plate bearing the name of the road: (½ mark)
(k) to sell the surplus spoil of roads: (½ mark)
(l) for the purpose of providing access from one road to another, or from one part of
a road to another part of the same road, to construct on any road, or on land adjacent
to any road, elevators, moving platforms, machinery, and overhead bridges for
passengers or other traffic, and such subways, tunnels, shafts, and approaches as are
required in connection therewith. (½ mark)
2020
5c. Section 342 Local Government Act 1974 deals with the stopping and closing of roads.
Explain the two differences between stopping a road and closing a road, as provided for in
that section of the Act.
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 (½ mark)
(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. (½ mark)
2020
5d. When disposing of land not required for road, pursuant to Section 345(1) Local
Government Act 1974, what four actions may Council consider taking to dispose of that
land?
(a) either—
(i) sell that part to the owner or owners of any adjoining land for a price to be
fixed by a competent valuer appointed by the council to value that part; or
(ii) grant a lease of that part to the owner or owners of any adjoining land for a
term and at a rental and subject to such conditions as the council thinks fit;—
and, if no such owner or owners is or are willing to purchase the land at the
price fixed or, as the case may be, take a lease of that part for the term and at
the rental and subject to the conditions fixed, the council may sell or lease the
land by public auction or private tender; and a conveyance, transfer, or lease
under the seal of the council shall constitute a valid title to the land; or (1 mark)
(b) apply that part, or any part thereof, to any purpose to which the council may
apply land, either under this Act or any other enactment; or (1 mark)
(c) grant a lease of that part, or any part thereof, for such term and on such
conditions as it thinks fit for use for any purpose to which the council may apply
land, either under this Act or any other enactment; or (1 mark)
(d) transfer that part, or any part thereof, to the Crown for a public reserve or for
addition to a public reserve or for any purpose of public convenience or utility or
as Crown land subject to the Land Act 1948. (1 mark)
