As the CZ rep for the Kiwi 4x4 Club, alot of people have asked me how paper roads are closed. The Tenth Schedule under the Local Government Act 1974 covers most of it. I am helping Phil with this one and the current CMS's if people have any questions
TENTH SCHEDULE
Sections 319 (h), 342
CONDITIONS AS TO STOPPING OF ROADS AND THE TEMPORARY PROHIBITION OF
TRAFFIC ON ROADS
Stopping of Roads
1. The council shall prepare a plan of the road proposed to be
stopped, together with an explanation as to 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.
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 of
this Schedule, 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 Planning Tribunal.
6. The Planning Tribunal shall consider the plan, the council's
explanation under clause 1 of this Schedule, and any objection made
thereto by any person likely to suffer injury thereby, and confirm or
reverse the decision of the council which shall be final and conclusive
on all questions:
Provided that the Planning Tribunal shall not confirm the decision of
the council unless satisfied that adequate access to the lands in the
vicinity of the road is left or provided.
7. If the Planning Tribunal reverses the decision of the council, no
proceedings shall be entertained by the Planning Tribunal for stopping
the road for 2 years thereafter.
8. If the Planning Tribunal 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 of this
Schedule, thereafter cease to be a road.
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.
[[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 Ministry of Transport, 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) of this clause if that closure would, in the opinion of
the council, be likely to impede traffic unreasonably.
[[11A. The council shall give public notice of its intention to
consider closing any road or part of a road under clause 11 (e) of this
Schedule; and shall give public notice of any decision to close any road
or part of a road under that provision.
[[11B. Where any road or part of a road is closed under clause 11 (e)
of this Schedule, 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.
[[11C. Where any road or part of a road is closed under clause 11 (e)
of this Schedule, the road or part of a road shall be deemed for the
purposes of---
(a) The Transport Act 1962 and any bylaws made under section 72 of
that Act:
(b) The Traffic Regulations 1976:
(c) The Transport (Drivers Licensing) Regulations 1985:
(d) The Transport (Vehicle and Driver Registration and Licensing) Act
1986:
(e) The Transport (Vehicle Registration and Licensing) Notice 1986:
(f) Any enactment made in substitution for any enactment referred to
in paragraphs (a) to (e) of this clause---
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.]]
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 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 of this Schedule, 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 of this Schedule
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 of this Schedule; 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 of this
Schedule; 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 of this Schedule.
Clauses 11, and 11A to 11C, were substituted for the former clause
11 (as enacted by s. 3 (1) of the Local Government Amendment Act
1978) by s. 14 (1) of the Local Government Amendment Act (No. 3)
1986.
In clause 16, para. (aa) was inserted by s. 14 (2) of the Local
Government Amendment Act (No. 3) 1986.
) was this article.
