Transport Administration Act 1988 No 109
53A Directions to public authorities
(1) RMS may, from time to time, direct public authorities to implement
plans or proposals formulated or adopted, general standards or general
principles established, or other decisions made, by RMS in the exercise of
RMS’s functions under this Part.
(2) RMS may communicate directions under this section to such public
authorities, and in such manner, as it thinks fit.
(3) While a direction communicated to a public authority under this
section and applicable to its functions is in force, it is the duty of the
public authority, by the exercise of its functions in accordance with law, to
comply with the direction, except if to do so:
(a) would be impracticable because of emergency, accident or other
special circumstances, or
(b) would affect the functions of any person or body with respect to
the laying or making of any information or complaint, the continuance or
discontinuance of any proceedings for an alleged offence or any other manner
of dealing with an alleged offence.
(4) The failure of a public authority to comply with a direction of
RMS under this section does not invalidate any act, matter or thing to which
the direction relates, and in particular does not invalidate the construction,
erection, affixing or marking of any traffic control facility or any direction
that is contained in or relates to the facility.
(5) A direction may be given under this section so as to apply
generally or in any particular case or class of
(6) The power to give a direction includes the power to amend or
revoke a direction.
(7) RMS may bring proceedings in the Supreme Court for an order to
require a public authority to comply with a direction under this
(8) The Supreme Court may, in any such proceedings, make such order as
it thinks fit.