Transport Infrastructure Act 1994

Despite section 354(1), the chief executive may, by gazette notice, designate light rail land described in the notice as light rail land that is to be used as a road under a local government’s control.

The chief executive must also—

give a copy of the notice to the local government; and

publish a copy of the notice in a newspaper circulating generally in the area of the light rail land.

If there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail manager before designating the light rail land under the notice.

The land described in the notice must be land generally suitable for both of the following—

use as a road;

the operation of a light rail.

The notice may include directions with which the local government must comply, including directions about the local government’s exercise of powers under the Local Government Act 2009 for roads it controls.

However, the chief executive must consult with the local government before including any directions in the notice.

While the notice is in force, the land described in the notice is taken to be—

a road of which the local government has control under the Local Government Act 2009, section 60; and

a road under any Act about the use of vehicles on a road.

However, in acting under the Local Government Act 2009, section 60, the local government must comply with all directions included in the notice, including the notice as amended from time to time.