sec.95Dedication of thoroughfare as road

sec.95 Dedication of thoroughfare as road

The primary thoroughfare body corporate, with the prior approval of— the principal body corporate determined by special resolution within the meaning of section 138 ; and 75% of members of the primary thoroughfare body corporate who are members by reason of being proprietors of land within the site that is not within the residential precincts which members have voting rights at meetings of the primary thoroughfare body corporate that aggregate not less than 75% of the aggregate voting rights of those members; and the local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes, may dedicate in accordance with the Land Act 1994 any part of the primary thoroughfare, that is a road, that adjoins a dedicated road to public use as a road. The local government may impose a condition pursuant to subsection (1) that the primary thoroughfare body corporate pay to the local government an amount of money fixed by the local government with a view to the cost of constructing or maintaining the road. A part of the primary thoroughfare that is dedicated to public use as a road pursuant to subsection (1) shall thereupon cease to be a part of the primary thoroughfare. The principal body corporate, with the prior approval of— the principal body corporate determined by special resolution within the meaning of section 138 ; and the local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes, may dedicate in accordance with the Land Act 1994 any part of the secondary thoroughfare, that is a road, that adjoins a dedicated road to public use as a road. The local government may impose a condition pursuant to subsection (4) that the principal body corporate pay to the local government an amount of money fixed by the local government with a view to the cost of constructing or maintaining the road. A part of a secondary thoroughfare that is dedicated to public use as a road pursuant to subsection (4) shall thereupon cease to be part of that secondary thoroughfare. s 95 amd 1991 No. 94 s 20 ; 1993 No. 46 s 3 sch (sec.95-ssec.1) The primary thoroughfare body corporate, with the prior approval of— the principal body corporate determined by special resolution within the meaning of section 138 ; and 75% of members of the primary thoroughfare body corporate who are members by reason of being proprietors of land within the site that is not within the residential precincts which members have voting rights at meetings of the primary thoroughfare body corporate that aggregate not less than 75% of the aggregate voting rights of those members; and the local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes, may dedicate in accordance with the Land Act 1994 any part of the primary thoroughfare, that is a road, that adjoins a dedicated road to public use as a road. (sec.95-ssec.2) The local government may impose a condition pursuant to subsection (1) that the primary thoroughfare body corporate pay to the local government an amount of money fixed by the local government with a view to the cost of constructing or maintaining the road. (sec.95-ssec.3) A part of the primary thoroughfare that is dedicated to public use as a road pursuant to subsection (1) shall thereupon cease to be a part of the primary thoroughfare. (sec.95-ssec.4) The principal body corporate, with the prior approval of— the principal body corporate determined by special resolution within the meaning of section 138 ; and the local government; and the Governor in Council; and subject to any reasonable conditions that the local government imposes, may dedicate in accordance with the Land Act 1994 any part of the secondary thoroughfare, that is a road, that adjoins a dedicated road to public use as a road. (sec.95-ssec.5) The local government may impose a condition pursuant to subsection (4) that the principal body corporate pay to the local government an amount of money fixed by the local government with a view to the cost of constructing or maintaining the road. (sec.95-ssec.6) A part of a secondary thoroughfare that is dedicated to public use as a road pursuant to subsection (4) shall thereupon cease to be part of that secondary thoroughfare.