Main Roads Act 1930

In this section the relevant authority means —

in relation to a highway or main road, the Commissioner; and

in relation to a secondary road, the Commissioner or the local government when acting as agent of the Commissioner.

Subject to this section, where a road passes through a fence or is to be constructed to pass through a fence the relevant authority may construct a motor traffic pass and a gate.

Where a fence includes a gate at or near the point where a motor traffic pass is to be constructed and it is necessary to remove the gate during construction, the relevant authority must on the completion of the construction re‑erect the gate in the fence at a point that is reasonably near the motor traffic pass.

A motor traffic pass must be constructed according to plans and specifications approved by the Commissioner.

Except where the land so enclosed is used only for pastoral or grazing purposes, before the relevant authority commences the construction of a motor traffic pass it must give not less than one month’s written notice of its intention to construct the motor traffic pass to the occupier of the land enclosed by the fence.

A person to whom notice is given pursuant to subsection (5) may object to the construction of the motor traffic pass at any time within one month of the date of the notice by letter addressed to the relevant authority.

Where the relevant authority gives notice of its intention to construct a motor traffic pass and receives an objection pursuant to subsection (6) it must not construct the motor traffic pass referred to in the notice unless the objection is subsequently withdrawn.

The costs of constructing a motor traffic pass must be borne by the relevant authority and the costs of maintaining a motor traffic pass must be borne —

in the case of a highway or a main road, by the Commissioner; and

in the case of a secondary road, by the local government of the district,

The relevant authority is not liable for any damage or injury to any person lawfully using a motor traffic pass or for any damage or injury to livestock caused by the motor traffic pass, unless such damage or injury arises from the failure of the relevant authority to carry out any statutory duty in relation to the motor traffic pass.

Where a gate installed at or near a motor traffic pass is not in a proper state of repair the relevant authority may serve notice to that effect on the person who pursuant to subsection (8) is liable for the costs of maintaining the gate and if that person fails to put the gate into a proper state of repair the relevant authority may itself carry out such repairs to the gate as in its opinion are necessary and may recover the costs of carrying out those repairs from that person in any court of competent jurisdiction.

Where a gate or a motor traffic pass has been, or both a gate and a motor traffic pass have been, constructed pursuant to the provisions of this Act across a road and the road passes through enclosed land from which a portion has been compulsorily taken for the purposes of the road, the relevant authority is not liable to fence or to bear the costs of any fencing along the sides of the road where it passes through the enclosed land and despite anything in Part 10 of the Land Administration Act 1997, where a claim for compensation is made with respect to any such taking no compensation is to be paid with respect to the costs of fencing along the sides of the road.