39Road authority may make a policy or policy decision relating to road management functions

39 Road authority may make a policy or policy decision relating to road management functions (1) Without limiting the decision making processes of a road authority, a road authority may make a policy or policy decision relating to the performance of a road management function. (2) For the purposes of this Act, a decision made by a road authority is a policy decision if having regard to the broad range of activities of the road authority the decision is based substantially on factors or constraints which are financial, economic, political, social or environmental. (3) Without limiting the generality of subsection (2), a policy decision includes decisions about— (a) the circumstances in which a road management function is to be performed; (b) the manner in which a road management function is to be performed; (c) the standard to be achieved in performing a road management function. (4) A road authority is to be taken to have made a policy or policy decision relating to a road management function if the road authority has made a road management plan that includes provisions relating to the performance of that road management function. (5) For the purposes of any proceedings, unless a policy or policy decision made by a road authority is so unreasonable that no road authority in that road authority's position acting reasonably could have made that policy or policy decision, any decision or standard which is a policy or policy decision relating to the exercise of a road management function by the road authority is to be taken to satisfy the statutory duty and any common law duty of the road authority in relation to the exercise of that road management function. Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a road management plan. S. 39(6) amended by No. 17/2009 s. 13(3)(a). (6) For the avoidance of doubt, the power of a road authority to make a policy or policy decision is subject to any direction given to the road authority by the relevant Minister in accordance with section 22.