This document does not set out detailed proposals for legislative change as these will be developed once submissions have been received and analysed. However, should you believe there are specific legislative provisions which are working particularly well and must be retained, or are not and should be removed, then you may wish to detail these.

Ministry officials will be meeting with interested groups following the release of this document. A further round of consultation will also take place after the receipt and analysis of submissions, and before Cabinet is asked to approve any changes in principle. Once this approval is obtained the Ministry will then be in a position to develop proposals for detailed legislative change, which will be then be put to the Government.

If you or your organisation wish to make a written submission on any aspect of this Road Management Review Discussion Document, please send your comments by Thursday 31st July 1997 to:

Appendix One: TNZ (Canterbury) Safety Management Strategy

Appendix Two: Issuing of permits for over weight or over dimensional vehicles.

There are two types of permits, "overweight" and "over dimension". A brief outline of each of the permits follows:

Overweight Permits

The Policy which allows for overweight permits to be issued in excess of the legal weights, as defined in regulation 6 of the Heavy Motor Vehicle Regulations 1974, is determined by Transit New Zealand.

The intention of the policy is to protect the roading network from premature structural detrition and procedures for loadings are set out.

Road controlling authorities can issue permits for heavy motor vehicles on any road under their control, subject to any conditions the authority deems necessary. Transit New Zealand issues permits for all State highways and territorial roads. Permit conditions cover such matters as: gross weight; axle weight; speed; weather; number of trips; specified period; etc.

All fees for these permits are specified in the Schedule 4a of the Heavy Motor Vehicle Regulations. In addition to the set permit fee, the road controlling authority may require a security for damage caused, or the cost for strengthening or reinstating the road, or compensation for damage.

Over dimension Permits

The policy for over dimension permits is determined by the Land Transport Safety Authority under regulation 49 of the Traffic Regulations 1976. The permits for over dimensional vehicles and loads are mainly issued by the Police.

The Land Transport Safety Authority has issued a discussion document which will initiate an extensive review of the over dimensional policy.

An over dimensional vehicle or load that exceeds a specified dimension requires a pilot. Until recent, all piloting was done by the Police and before that by, the Traffic Safety Service. There are three grades of pilots licence. These are:

C Grade - for vehicles under 3.7 metres wide. Anyone with a current drivers licence can pilot.

B Grade - for vehicles up to 5 metres wide. The pilot needs to be able to demonstrate at least three years experience as a 'C' grade pilot and hold a 'B' grade licence.

A grade - for vehicles up to 9.1 metres wide. The pilot must hold a 'A' grade licence.

Tranz Rail Ltd issue permits for over dimension vehicles and loads to travel over railway level crossings.

Appendix Three: Existing provisions to restrict traffic use

The powers available to territorial authorities for restricting traffic use are contained in the following legislative provisions:

• Regulation 5 of the Heavy Motor Vehicle Regulations 1974;
• Section 70AA of the Transport Act 1962;
• Section 72 of the Transport Act 1962.

Regulation 5(5) of the Heavy Motor Vehicle Regulations and section 70AA of the Transport Act 1962 are very similar in effect.

Under the Heavy Motor Vehicle Regulations, all roads are classified as either "Class I" or "Class C". "Class I" are defined as all roads classified as Class I before 1 February 1989, all State highways, and all roads classified as Class II before 1 February 1989. Any road that would be likely to suffer excessive damage by heavy motor vehicles if classified as Class I can be classified as "Class C".

Any road controlling authority may ask the Land Transport Safety Authority to alter the classification of a road. While the Land Transport Safety Authority has some discretion when considering an application from a territorial authority, it has no discretion if Transit New Zealand requires an alteration.

Regulation 5 of Heavy Motor Vehicle Regulations deals with the general weight limitations as set out in the second schedule of the Regulations. Regulation 5(5) restricts any person from operating any heavy motor vehicle on a Class I road except for a specified purpose. Provisions contained in section 72 of the Transport Act 1962 enable a Minister of the Crown or any territorial authority to make bylaws for the following purposes:

• Regulating the weight of vehicles and loads and times that vehicles can pass over specific bridges;
• Prescribing the routes and times specified vehicles may over such roads;
• Prohibiting any specified class of vehicle that has caused or is likely to cause serious damage to any road, unless the cost of reinstating the road is paid;
• Prohibiting or restricting the any specified class of traffic, whether heavy traffic or not, or class of vehicle which because of its size or nature is considered to be unsuitable for use on some roads;
• Payment of compensation for any damage likely to occur to road bridge, etc and providing for a toll to be levied, in accordance with section 361 of the Local Government Act 1974, on any class of heavy traffic, for bridges or tunnels.
• Other provisions relating to the movement of animals, erecting of signs, speed, use of traffic lanes, parking and fines.

Section 70AA of the Transport Act enables a road controlling authority to restrict any class of heavy motor vehicle from proceeding between any two places as specified. The road controlling authority is not restricted by section 70AA solely to reasons relating to restricting heavy traffic.

The powers available to territorial authorities under section 72 of the Transport Act are further supplemented by the bylaw-making powers under the Local Government Act 1974. It must also be noted that under section 74 of the Transport Act 1962, the Minister of Transport may at any time disallow either wholly or in part any bylaw made by a territorial authority made under that Act.

Appendix Four: Protecting and acquiring land for roads

Requiring Authorities in terms of Resource Management Act

The Resource Management Act 1991 contains provisions which allow road controlling authorities to restrict land use activity around a road, or proposed road, which may conflict with the use of that road. The road controlling authority does this by seeking the approval of the territorial authority for a designation to be placed on the land. Such a request is publicly notified and a planning hearing is held where the merit of the proposed designation (a "requirement") is considered in light of the relevant provisions of the territorial authority's district plan.

Before seeking approval for a designation to be put in place a road controlling authority must first apply to the Minister for the Environment to become a "requiring authority" under section 167 of the Resource Management Act 1991. In assessing such an application the Minister has to be satisfied that the road controlling authority has financial responsibility for the road and will give proper regard to the interests of those affected and to the interests of the environment. Transit New Zealand has already obtained approval to be a requiring authority and Ministers of the Crown and territorial authorities are automatically deemed to be requiring authorities.

Access to the Public Works Act

Where a road controlling authority is a requiring authority it may apply to the Minister of Lands to have land acquired or taken under Part II of Public Works Act 1981. These provisions do not apply to territorial authority or Crown land unless the consent of the Crown or the territorial authority is obtained.

Where land has been obtained under the Public Works Act and is no longer needed it can be sold. Under section 40 of the Public Works Act land no longer needed must first be offered back to the original owner at a fair market price. Current Government policy is that where land was acquired by the Government and the original owner does not wish to purchase the land, then it is placed in the "Land Bank" for use as part of any Treaty of Waitangi settlement. If the local iwi do not want the land it can then be sold on the open market.

Appendix Five: A brief summary of the Rail Safety and Corridor Management Act 1992

Section 14 of this Act provides a railway operator with the ability to protect any railway, or prevent or lessen any risk of damage to any railway. A rail service operator may carry out a number of activities, subject to the provisions of the Resource Management Act 1991, in order to protect the railway. This includes the right to construct, maintain or alter any embankment work, or other protective work, on any land or on the bank of any river.

A rail operator also has the right to ask the occupier or land owner to remove, lower or trim, to the satisfaction of the rail service operator, any tree or hedge where, in the opinion of the rail service operator, it is necessary in order to prevent damage to the railway or obstruct rail traffic. This provision also allows the rail operator to lower any fence or wall where it is likely, by obstructing the view, to cause damage to the rail traffic on that railway or any adjacent railway.

Before an occupier or land owner is required to carry out any act referred to above, the rail service operator must follow procedures set out in section 14 which require notice in writing. These provisions also enable the rail service operator to enter the land and carry out the act if, after following the required procedures, the occupier or land owner fails to do so.

Other sections of the Railway Safety and Corridor Management Act 1992 that deal with damage to railways include:

• Section 24 - where a person commits an offence where they unlawfully carry out an act that could interfere with the safe operation of a rail service;
• Section 25 - where a person unlawfully constructs any structure, fence, etc or digs up, removes etc any soil or surface or interferes with the railway in a way that could cause damage to any railway property.