Use of land reserved for local road
Wendy Pond made this Official Information request to Ministry of Transport
The request was successful.
From: Wendy Pond
Dear Ministry of Transport,
When a district council wishes to allocate some purpose other than transport to road reserve, and some purpose other than footpath or cycleway to road margin within the road reserve, what process does it have to follow? Please briefly state the principles and identify the statutes.
Local roads are paid in part from rates. Therefore, there is a public interest in what uses are made of road reserve land. 1. Under what LEGISLATION can a district council provide use of road reserve to a commercial corporation? 2. Under what TERMS can a district council provide use of road reserve to a commercial corporation? (sell? lease?) 3. Does the public have the right to request information regarding terms? 4. What legislation protects public interest in road reserve land?
Yours faithfully,
Wendy Pond
From: OCU
Ministry of Transport
Kia ora Wendy,
On behalf of the Ministry of Transport, I acknowledge your Official
Information Act request of 17 July 2023 seeking:
“When a district council wishes to allocate some purpose other than
transport to road reserve, and some purpose other than footpath or
cycleway to road margin within the road reserve, what process does it have
to follow? Please briefly state the principles and identify the statutes.
Local roads are paid in part from rates. Therefore, there is a public
interest in what uses are made of road reserve land. 1. Under what
LEGISLATION can a district council provide use of road reserve to a
commercial corporation? 2. Under what TERMS can a district council provide
use of road reserve to a commercial corporation? (sell? lease?) 3. Does
the public have the right to request information regarding terms? 4. What
legislation protects public interest in road reserve land?”
We will endeavour to respond to your request as soon as possible, and in
any event no later than 14 August 2023, being 20 working days after the
day your request was received. If we are unable to respond to your request
by then, we will notify you of an extension of that timeframe.
The Ministry publishes Official Information Act responses on our website
when there may be wider interest in the information released. This means
the information provided to you might be published after you have received
it.
Ngâ mihi nui,
Breanne
Kaitohutohu - Tuhinga Ôkawa | Advisor, Official Correspondence
Te Kâhui Tangata | Corporate Services
Te Manatû Waka | Ministry of Transport
[1]www.transport.govt.nz
show quoted sections
From: OCU
Ministry of Transport
Notification of Transfer of your Official Information Act request
On behalf of Te Manatû Waka Ministry of Transport, thank you for your
Official Information Act request of 17 July 2023.
The information to which your request relates has been found to be more
closely connected with the functions of the Department of Internal Affairs
(DIA).
In these circumstances, we are required by section 14 of the Official
Information Act 1982 to transfer your request.
Accordingly, your request is being transferred to DIA today. You will hear
further from DIA in due course.
Ngâ mihi nui,
Breanne
Kaitohutohu - Tuhinga Ôkawa | Advisor, Official Correspondence
Te Kâhui Tangata | Corporate Services
Te Manatû Waka | Ministry of Transport
From: OCU <[MOT request email]>
Sent: Monday, 17 July 2023 3:39 pm
To: Wendy Pond <[FOI #23514 email]>
Cc: OCU <[MOT request email]>
Subject: RE: Official Information request - Use of land reserved for local
road OC230648
Kia ora Wendy,
On behalf of the Ministry of Transport, I acknowledge your Official
Information Act request of 17 July 2023 seeking:
“When a district council wishes to allocate some purpose other than
transport to road reserve, and some purpose other than footpath or
cycleway to road margin within the road reserve, what process does it have
to follow? Please briefly state the principles and identify the statutes.
Local roads are paid in part from rates. Therefore, there is a public
interest in what uses are made of road reserve land. 1. Under what
LEGISLATION can a district council provide use of road reserve to a
commercial corporation? 2. Under what TERMS can a district council provide
use of road reserve to a commercial corporation? (sell? lease?) 3. Does
the public have the right to request information regarding terms? 4. What
legislation protects public interest in road reserve land?”
We will endeavour to respond to your request as soon as possible, and in
any event no later than 14 August 2023, being 20 working days after the
day your request was received. If we are unable to respond to your request
by then, we will notify you of an extension of that timeframe.
The Ministry publishes Official Information Act responses on our website
when there may be wider interest in the information released. This means
the information provided to you might be published after you have received
it.
Ngâ mihi nui,
Breanne
Kaitohutohu - Tuhinga Ôkawa | Advisor, Official Correspondence
Te Kâhui Tangata | Corporate Services
Te Manatû Waka | Ministry of Transport
[1]www.transport.govt.nz
show quoted sections
From: Benjamin Riezebos
Kia ora Wendy,
Please see the attached response to your OIA request.
Ngā mihi,
Benjamin Riezebos - Advisor, Ministerial and Official Correspondence
(He/Him)
Ministerial Monitoring and Capability
Regulation & Policy Branch | Toi Hiranga
The Department of Internal Affairs | Te Tari Taiwhenua
45 Pipitea Street|PO Box 805, Wellington 6140, New
Zealand|[1]www.dia.govt.nz
[2]DIA Logo - Black
From: Wendy Pond <[3][FOI #23514 email]>
Sent: Monday, 17 July 2023 2:17 pm
To: OCU <[4][MOT request email]>
Subject: Official Information request - Use of land reserved for local
road
Dear Ministry of Transport,
When a district council wishes to allocate some purpose other than
transport to road reserve, and some purpose other than footpath or
cycleway to road margin within the road reserve, what process does it have
to follow? Please briefly state the principles and identify the statutes.
Local roads are paid in part from rates. Therefore, there is a public
interest in what uses are made of road reserve land. 1. Under what
LEGISLATION can a district council provide use of road reserve to a
commercial corporation? 2. Under what TERMS can a district council provide
use of road reserve to a commercial corporation? (sell? lease?) 3. Does
the public have the right to request information regarding terms? 4. What
legislation protects public interest in road reserve land?
Yours faithfully,
Wendy Pond
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From: Wendy Pond
Dear Benjamin Riezebos,
Thank you for the comprehensive, authoritative, and straight forward response I received from Mr Jeremy Cauchi.
Yours sincerely,
Wendy Pond
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