“In order for us to comply and follow NZTA and Government regulations, we will need clarity from NZTA,” she said.
During a regional transport meeting this month, GDC strategic planning manager Charlotte Knight said Gisborne was in “a slightly different boat” compared to some other councils.
Gisborne council carried out most of its speed limit reversals under a bylaw, which meant they followed a different process to the previous Government’s rule, which the current Government is revoking through the setting of speed limits rule 2024 rule.
“We’re kind of in a bit of an odd boat,” said Knight.
To reverse a speed limit set through the bylaw process, the council would need to revoke its bylaw or amend it via a legal procedure under the Local Government Act, according to the meeting’s report, authored by asset planning manager Tina Middlemiss.
“Staff have been considering the view that the 2024 rule being subordinate legislation, cannot compel GDC to revoke the bylaw.
“Setting speed limits under a bylaw rather than a plan meant that consultation was more rigorous and required a more targeted than blanket approach.
“Applying [the 2022 rule guidance] would have meant that nearly all of our region’s roads were deemed unsafe, with most 100km rural roads required to be at 60km/h and urban roads at 30km/h due to the overlapping of school areas. ”
This prompted the council to seek a “middle ground” through the bylaw process, which required and received significant community support for lower speeds around schools, townships, beaches, and other urban growth areas, as noted in Middlemiss’ report.
During the 2021 consultation, the council received 676 responses.
The council consulted to have most 100km/h roads reduced to 80km/h, and most urban residential roads switch from 50km/h to 40km/h or 30km/h if located near a school. Arterial routes were maintained at 50km/h, with variable speeds near schools, according to the report.
Councillor Teddy Thompson asked whether national rules “trumped” bylaws and if the council was on track to meet the dates.
Roads that require speed reversals must be identified and registered with new speeds by May 1.
Middlemiss said the council is “hedging” their bets with the query but is on track to meet the requirements.
“We’re just asking these questions in the background,” she said.
An NZTA spokesperson told Local Democracy Reporting they are working through a high volume of queries concerning the new rule and will continue to assist GDC.
“We note that Schedule 2 of the Setting of Speed Limits Rule 2024 sets out a process that differs from the revocation of a bylaw. The Schedule 2 process captures relevant speed limit changes made after 31 December 2019, which will usually have been done via processes under the Setting of Speed Limits Rule 2022," the spokesperson said.
“The extent to which Schedule 2 applies to any speed limit set via bylaw is situation dependent”.
Council costs and funding
According to Middlemiss’ report, only 31% of the rural network and 73% of the urban network have been lowered so far under the bylaw process.
The council funding application for reversals has been estimated to cost around $300,000, with the council covering a third ($96,000) of the shared cost with NZTA.
Another funding application estimates the cost of variable speed limit reductions around schools will be around $700,000, with the council paying $224,000, and NZTA paying the remains, wrote Middlemiss.
According to the report’s figures, 61% of Gisborne schools have lowered speeds and 38% have variable speeds, with 71% of these roads urban and covered by the council, while 13% are on state highways and covered by NZTA.
The council has received funding from the National Land Transport Fund to support the new speed limit changes.
Which roads?
The report states that 61 speed area maps in the bylaw affect around 180 roads that have seen speed changes.
This includes lowering speeds around 31 schools, 23 marae, 12 townships, the CBD, Stout St, beachside suburbs and some urban and industrial growth areas.
According to Middlemiss’ report, depending on NZTA’s advice, some 30km limits in Wharekahika, Te Araroa, Ruatōria, Manutuke, Tokomaru, Tolaga, and Ruatōria may need to be reversed.
Some roads did implement lower speeds through the 2022 rule guidance, rather than use the bylaw, which mainly occurred in Tolaga and Ruatōria.
“Some of these roads might be directly affected by the reversals,” wrote Middlemiss.
Technical issues
In December NZTA announced new funding to implement the speed changes. In January further revisions were made to the rule, with more guidance on the reversals and how to apply for the new funding, according to Middlemiss’s report.
The council said there were technical issues relating to the interpretation of the 2024 rule and guidance for the reversals, which they are seeking clarity on from NZTA.
