The Authority may from time to time, with the prior written consent of the National Roads Board, by resolution published in the Gazette and also publicly notified, but subject to the provisions for objection and appeal contained in this Act, declare any road or part thereof (not being a State highway) whether then actually constructed or not, and any other lands that are not theretofore constituted part of a road, to be, or to be required for the purposes of, a regional road within the meaning and for the purposes of this Act, and shall, by the same or a subsequent resolution published in the Gazette and also publicly notified, define the boundaries of that regional road. A copy of any resolution passed in pursuance of this subsection shall forthwith be sent to every local authority within the regional district and to the Minister of Works.

The National Roads Board shall not give its consent under subsection (1) of this section before the Authority shall by resolution recommend a regional planning scheme or an appropriate section thereof in accordance with the Town and Country Planning Act 1953, which shall (inter alia) show which existing roads or other lands it proposes, initially, to declare as, or be required for the purposes of, a regional road, unless the National Roads Board is satisfied that it is in the interests of the regional district or a substantial part thereof that such consent shall be given.

In so defining the boundaries of any regional road the Authority shall not be constrained to accept the boundaries of any existing road or part thereof, and may if it thinks fit declare either permanently or temporarily more than one regional road between any two places.

Every resolution under this section may from time to time (but not after it has been disallowed or allowed either in whole or in part by the Appeal Board under section 34i of this Act) in like manner and with the like consent of the National Roads Board be varied, altered, or revoked:

“Provided that this subsection shall not affect or limit the provisions of section 34h of this Act.

No road or part thereof nor any other land shall, under this section, be declared to be or to be required for the purposes of a regional road unless the same is within the regional district and unless the Authority resolves that it is of the opinion that the same—

No declaration shall be made under this section in respect of a road or other land which is wholly within the area of a local district without the consent of the local authority of that district.

If any local authority is of the opinion that any road or part thereof (not being a State highway) whether then actually constructed or not, and any other lands that are not theretofore constituted part of a road, situate within its respective local district should be declared to be or to be required for the purposes of a regional road or part thereof, such local authority may, with the prior written consent of the National Roads Board, by notice in writing, request the Authority to pass a resolution in terms of section 34 of this Act, to declare such road or part thereof or any other lands described in such notice to be a regional road or part thereof, and the provisions of the said section 34 and of section 34B of this Act shall apply to any resolution passed in pursuance of this subsection.

If the Authority considers that the road or part thereof or any other lands described in the notice given by a local authority in accordance with subsection (1) of this section should not be declared to be a regional road or part thereof, the Authority shall, within three months from the date of receipt by it of the notice under that subsection, give written notification to the local authority which gave the said notice that the Authority refuses to declare the road or part thereof or any other lands described in the said notice to be a regional road and shall in such notification state the grounds of its refusal.

Where the Authority refuses a request made in accordance with subsection (1) of this section to declare a road or part thereof or any other lands to be a regional road or part thereof, the local authority whose request is refused may, within three months from the date of receipt by it of the written notification of refusal referred to in subsection (2) of this section, appeal against such a refusal to the Town and Country Planning Appeal Board constituted under the Town and Country Planning Act 1953 (hereinafter in this Act referred to as the Appeal Board).

If the Authority shall not give any notification of refusal in accordance with subsection (2) of this section, it shall, not later than three months from the date of receipt by it of the notice under subsection (1) of this section by resolution in pursuance of section 34 of this Act, declare the road or part thereof or any other lands described in the notice given in accordance with subsection (1) of this section to be a regional road or part thereof.

The Minister of Works or any local authority may, within three months from the date of receipt of a copy of the resolution referred to in section 34 of this Act, give to the Authority and to every other local authority within the regional district written notice that he or it objects to the declaration contained in the said resolution, and shall in such notice, set forth the grounds of the objection.

The Authority shall as soon as reasonably possible after receipt by it of any objection in terms of subsection (1) of this section give to the Minister and the local authority making such objection and to every other local authority within the regional district not less than twenty-eight days’ written notice of the time and place in Auckland at which such objection is to be considered by the Authority or by a committee thereof, and the Minister and every local authority shall at such time and place be entitled to make such submissions as he or it deems fit in support of or in opposition to the said grounds of objection.

If the Authority, after the aforesaid submissions (if any) have been heard in the manner provided, refuses either in whole or in part, to allow any objection made by the Minister or a local authority in terms of this section, the Minister or such local authority may, within three months after notice of the disallowance either in whole or in part of the objection shall have been given by the Authority, appeal against such refusal to the Appeal Board.

Nothing in this section shall affect the right of objection given to any person by the Public Works Act 1928.

Any lands that have not theretofore been constituted part of a road and which are declared to be, or to be required for the purposes of, a regional road in accordance with section 34 of this Act shall, subject to any variation thereof consequent upon the determination of any objection or appeal in accordance with the provisions of this Act, be and be deemed to be required for a public work and may for such purpose be purchased or otherwise acquired or taken by the Authority under the provisions of the Public Works Act 1928, or may, at the request and cost of the Authority and on its behalf be purchased, or otherwise acquired or taken under the provisions of such Act by the local authority in whose local district such lands or part thereof are situated.

After—

the road or other lands specified in the resolution passed in pursuance of section 34 of this Act and taken, purchased, or acquired by the Authority under section 34c of this Act shall, subject to any variations thereof made consequent upon the hearing of any objection or appeal thereupon, be and become a regional road, and the Authority shall in respect of such regional road and every part thereof, but subject to the provisions of the succeeding sections of this Act, have the sole powers of formation, construction, upgrading, maintenance, and control thereof and for that purpose the powers, rights, duties, and liabilities vested in or imposed on a local authority in respect of any roads under its control shall in respect of regional roads be and the same are hereby transferred to or vested in or imposed on the Authority:

“Provided that nothing in this Act shall be deemed to vest the soil of any regional road in the Authority.

The Authority shall, in respect of any land purchased or otherwise acquired or taken pursuant to section 34c of this Act and not yet used as a road, have the like powers of administration, maintenance, sale, leasing, and other disposal as are vested in a Borough Council under the Municipal Corporations Act 1954 or any other Act in respect of public works and in respect of land held for the purpose of a public work.

The Authority may at any time dedicate as a road or street any land or part thereof vested in it for the purposes of a regional road.

No rates, whether in pursuance of the Rating Act 1925 or any other enactment whatsoever, shall be payable by the Authority to any local authority in respect of any regional road, limited access road, or access road constructed in pursuance of paragraph (b) of subsection (3) of section 34j of this Act or in respect of any land purchased or otherwise acquired or taken for the purpose of any regional road, or access road to be constructed in pursuance of paragraph (b) of the said subsection (3) of section 34j of this Act:

“Provided that—

Without limiting the liability of the Authority under paragraph (b) of the proviso to subclause (4) of this section, where a local authority has, whether before or after the commencement of this Act—

the Authority shall, but until such time only as the land on which such rate is levied is used as a regional road, or access road as aforesaid, be liable for payment of that rate to the same extent as, but not to any greater extent than, if the special loan had not been repaid or converted, the Authority would have been liable for any special rate made or levied to secure the payment of that loan.

If any dispute arises as to the extent to which the Authority is liable for the payment of any special rate or consolidated special rate by virtue of subsection (5) of this section, it shall be determined by the Audit Office, whose decision shall be final.

Nothing in section 48 of the Local Authorities Loans Act 1956, or in any resolution or special order made under that section shall affect the liability of the Authority for the payment of any special rates.

The provisions of section 192 of the Municipal Corporations Act 1954 shall, with any necessary modifications, apply as if the Authority were a Council, a regional road were a street, the regional district were a district, and the Secretary of the Authority were a Town Clerk.

The powers of formation, construction, or upgrading of any regional road or part thereof conferred by section 34d of this Act shall not be exercised by the Authority without the prior written consent of the National Roads Board.

After the aforesaid consent of the National Roads Board has been obtained to the exercise by the Authority of the power of formation, construction, or upgrading of any regional road or part thereof and before commencing any such formation, construction, or upgrading, the Authority shall by notice in writing inform every local authority within the regional district of the Authority’s intention to proceed with such work and shall in such notice give all such information relating to the Authority’s intention as shall in the circumstances be reasonably necessary to give each local authority a proper understanding of such intention. The Authority shall have available for the inspection of any local authority plans setting out the proposed design or specification of such road or part thereof. If any local authority to which notice is required to be given as aforesaid shall consider that in carrying out its aforesaid intention the Authority is giving the formation, construction, or upgrading of such regional road or part thereof undue priority over the formation, construction, or upgrading of some other regional road or part thereof or if any such local authority shall be dissatisfied with the proposed design or specification of such regional road or part thereof it may, within three months from the date of receipt by it of such notice, object to the National Roads Board on the aforesaid questions of priority and design (but not on other questions or matters) whose decision on any such objection shall be final. If a local authority to which notice is given in terms of this subsection does not lodge an objection within the time aforesaid, it shall for all purposes be deemed to agree with the Authority’s intention as set forth in the aforesaid notice given in terms of this subsection.

Nothing in this Act shall be deemed to prevent the Authority and the local authority in whose district the regional road or part thereof is situated from agreeing upon and carrying into effect any minor variations of the route or design or specification of a regional road or part thereof.

The powers of formation, construction, upgrading, maintenance, and control of regional roads or any part thereof conferred upon the Authority by section 34d of this Act or any of those powers, or any part thereof, shall be delegated by the Authority to the local authority or local authorities in whose local district the regional road or any part thereof is or is to be formed or constructed if such local authority or local authorities shall so require, and if such local authority or local authorities has or have, in the Authority’s opinion, the ability and facilities to carry out such formation, construction, upgrading, maintenance and control in a proper and workmanlike manner in accordance with plans, specifications, or requirements relating thereto prepared or approved by the Authority, without any undue delay, and at a cost acceptable to the Authority. If such powers are not delegated in accordance with the foregoing provisions of this subsection, the Authority may, in its discretion, with the approval of the National Roads Board, delegate the same to any other local authority or local authorities or may, with the like approval, undertake such work itself or by or through its contractors, and on any delegation to a local authority in accordance with the provisions of this subsection, such local authority may exercise the powers so delegated.

Any delegation by the Authority in pursuance of subsection (1) of this section shall be effected by a resolution of the Authority and may be either absolute or subject to such conditions as the Authority may by that resolution determine, and any such delegation may be at any time in like manner revoked or varied.

While any powers of the Authority are delegated to a local authority in terms of this section, the local authority shall exercise such delegated powers in its own name and shall be liable accordingly and the Authority shall not be answerable for any act or default of the local authority.

The cost of purchasing or otherwise acquiring or taking any land in pursuance of section 34c of this Act and the cost of carrying out any formation, construction, upgrading, maintenance, or control of a regional road or part thereof, whether delegated or not, shall be included in the estimate to be prepared in accordance with section 58 of this Act and in the separate account referred to in paragraph (c) of subsection (2) of section 61 of this Act.

The Authority may, with the prior written consent of the National Roads Board, from time to time by resolution publicly notified, declare that any regional road or part thereof shall cease to be a regional road as from the date specified in that or in a subsequent resolution and as from such date (but subject always to the determination of any appeal in terms of this section) the said road or part thereof shall cease to be a regional road and all the powers, rights, duties, and liabilities in respect of such road or part thereof shall thereupon be transferred to or vested in or imposed upon the local authority or local authorities in whose respective local district or districts the former regional road or part thereof was situated. A copy of the resolution passed in pursuance of this subsection shall forthwith be sent to every local authority in whose local district the regional road or part thereof referred to in such resolution is situated.

A local authority in whose local district is situated a regional road or part thereof which is to cease to be a regional road or part thereof in accordance with the declaration contained in a resolution passed under subsection (1) of this section, may, within three months from the date of receipt by it of a copy of such resolution, give to the Authority written notice that it objects to the declaration contained in the said resolution, and shall in such notice, set forth its grounds of objection.

The Authority shall as soon as reasonably possible after receipt by it of any objection in terms of subsection (2) of this section give to the local authority making such objection not less than twenty-eight days’ written notice of the time and place in Auckland at which such objection is to be considered by the Authority or by a committee thereof, and such local authority shall at such time and place be entitled to make such submissions as it deems fit in support of its grounds of objection.

If the Authority, after the aforesaid submissions (if any) have been heard in the manner provided, refuses either in whole or in part to allow any objection made by a local authority in terms of this section, such local authority may, within three months after notice of the disallowance either in whole or in part of its objection shall have been given to it by the Authority, appeal to the Appeal Board against such refusal.

Any appeal by the Minister of Works or a local authority in pursuance of sections 34a, 34b, and 34h of this Act shall be commenced by notice of appeal given within the time specified therein to the Secretary of the Appeal Board, which is hereby directed, authorised, and empowered to hear and determine the same in accordance with this Act. The notice of appeal shall set forth the grounds thereof and a copy of such notice shall at the same time be given to the Authority, to the Minister of Works, and to every other local authority within the regional district. The Secretary shall give to the Minister or the local authority filing a notice of appeal not less than twenty-eight days’ written notice of the date, time, and place in Auckland at which such appeal is to be heard, and the Minister or the local authority filing the notice of appeal shall give to the Authority and to every other local authority not less than twenty-one days’ written notice of the date and time and place of the hearing of such appeal.

The grounds of any appeal in pursuance of section 34a of this Act shall be limited to the grounds set out in the notification given in accordance with subsection (2) of that section; and the grounds of any appeal in pursuance of section 34B of this Act shall be limited to the provisions of subsection (5) of section 34 of this Act and to the grounds of objection stated in the notice required to be given in pursuance of subsection (1) of that section; and the grounds of any appeal under section 34h of this Act shall be limited to the grounds of objection stated in the notice required to be given under subsection (2) of that section. On the hearing of any appeal the Authority and the Minister of Works and the local authority which is appealing and any other local authority may appear and call evidence of any matter which the Appeal Board considers should be taken into account in determining the subject matter of the appeal as disclosed by the grounds set forth in notice of appeal.

If the Appeal Board allows, either in whole or in part, an appeal under section 34a of this Act, the provisions of section 34B of this Act shall not apply to the declaration of the road or part thereof concerned in such appeal as a regional road or part thereof.

In determining any appeal as aforesaid, the Appeal Board may disallow the appeal or allow the same either in whole or in part, and the Appeal Board shall, in addition to any other matters which it considers to be relevant in connection with the subject matter thereof, have due regard to the provisions of subsection (5) of section 34 of this Act and to any matters which, in its opinion, are or are likely to be, included in any regional planning scheme or district scheme under the Town and Country Planning Act 1953 or any section or sections thereof and which would be or be likely to be prejudiced or detrimentally affected by allowing the appeal either in whole or in part, but in no case shall the Appeal Board allow any appeal either in whole or in part in any case where the objection or question, in respect of which the appeal is brought, is contrary to, or prohibits the implementation of, any of the provisions of a regional planning scheme or any section or sections thereof which has or have become operative under the last-mentioned Act.

The Appeal Board, on application to it in that behalf, may waive compliance with any requirement of this Act as to the time or method of serving documents (other than the time for lodging notices of objection or appeal in cases where the Authority does not consent to any waiver) and as to the documents to be served and the persons or parties upon whom any documents are to be served, if it is satisfied that no person or party to any such objection or appeal will be prejudiced by the waiver.

The Authority may from time to time, by resolution publicly notified, declare any regional road, or part thereof, to be a limited access road within the meaning of and for the purposes of this Act.

No regional road, or part thereof, shall be declared to be a limited access road unless—

The Authority may in the case of any limited access road from time to time—

Without restricting any provisions of this or any other Act, it is hereby declared that no person shall drive or move any vehicle or animals, or permit any vehicle or animals to be driven or moved, onto or from any limited access road, except—

Where any provision of any enactment makes any person’s right to erect or use a building of any kind on any land, or to subdivide any land, conditional upon the land having a frontage or access to a road or street, or in any other way conditional upon the existence of a road or street, for the purposes of that provision a limited access road shall be deemed not to be a road or street.

Every limited access road shall be clearly marked at each entrance thereto other than an authorised crossing place by such traffic signs as may from time to time be prescribed under the Transport Act 1962.

Every person who acts in contravention of or fails to comply in any respect with any provision of this section commits an offence, and is liable on summary conviction to a fine not exceeding ten pounds for each such offence.

The following provisions shall apply in respect of the declaration under subsection (1) of this section of a limited access road:

The Authority, after consultation with the local authority in whose local district a limited access road or part thereof is or is to be situated, is hereby empowered to purchase or otherwise acquire or take under the provisions of the Public Works Act 1928 any land required for the purpose of constructing any access road referred to in paragraph (b) of subsection (3) of this section; and subject to the provisions of this Act, the provisions of the Public Works Act 1928 and of every other enactment relating to roads shall, so far as they are applicable and with the necessary modifications, apply to—

Every person having any estate or interest in any lands injuriously affected by or suffering any damage from the exercise of any of the powers authorised by this section shall be entitled to full compensation for the same from the Authority and any such claim shall be determined in the same manner as a claim for compensation made under section 42 of the Public Works Act 1928.

Provided however that—

All the powers, rights, duties, and liabilities transferred to, vested in, or imposed upon the Authority by this or any other Act in respect of the dedication, formation, construction, upgrading, maintenance, and control of regional roads and the powers of delegation conferred upon the Authority by section 34f of this Act and the provisions of section 34g of this Act relating to the costs of regional roads, shall, so far as they are applicable and with any necessary modifications, apply to limited access roads and access roads constructed in pursuance of paragraph (b) of subsection (3) of this section.

Every bylaw in force in respect of any road immediately prior to its constitution as a regional road, or limited access road under this Act, shall continue in force as if made by the Authority in respect of that regional road or limited access road unless or until it is revoked or superseded pursuant to the powers conferred by this Act.

The Authority may from time to time, by resolution, declare any land, not being part of an existing road to be required for highway improvement, and may at any time in like manner revoke or vary any such declaration. A copy of every such resolution shall be forthwith forwarded to all local authorities.

Highway improvement land shall, for the purposes of the Town and Country Planning Act 1953, be a public work for which the Authority has financial responsibility.

Any highway improvement land may be designated as such in a district scheme whether undisclosed, proposed, or operative, or in a variation, change, or reveiw of any district scheme commenced under the Town and Country Planning Act 1953. In respect of land so designated, every local authority, other than the local authority in whose district the designated land is situated, shall, for the purposes of section 24 and section 26 of the said Act, have the same rights of objection and appeal as if it were a local authority having jurisdiction in or adjacent to the area in which such land is situated.

The Authority may purchase or otherwise acquire, or take under the Public Works Act 1928, any highway improvement land designated as such in any operative district scheme and the Authority may by agreement with the registered proprietor thereof purchase any land declared by resolution made under subsection (1) of this section to be required for highway improvement.

The Authority shall have in respect of any land purchased or otherwise acquired, or taken pursuant to this section, the like powers of administration, maintenance, sale, leasing, and other disposal as are vested in a Borough Council under the Municipal Corporations Act 1954, or any other Act in respect of public works, and in respect of land held for the purpose of a public work.

The Authority may at any time dedicate as a road any highway improvement land vested in the Authority.”

The Authority may in premises situate within or at the Auckland International Airport (being the Airport referred to in section 40 of this Act) provide accommodation and facilities suitable for the purpose of conducting therein a public cafeteria, and the Authority may itself conduct and operate such cafeteria or it may grant a lease or licence of the same to any person or persons, whether incorporated or not, at such rental or other consideration and for such period (with or without any right of renewal) and upon such terms and conditions as it thinks fit.”