Resource Management Act 1991

Subdivision and reclamations - Vesting of roads and reserves

238: Vesting of roads

You could also call this:

“Who owns new roads in New Zealand”

When the Registrar-General of Land deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies, the land shown on the plan as a road is given to a local authority or the Crown. You do not need any other documents to make this happen, and it is free from any other interests in the land. The road is given to different authorities depending on its type.

If the road is a regional road, it is given to the territorial authority or regional council. If it is a Government road, it is given to the Crown. If it is a State highway, it can be given to either the Crown or the territorial authority. If it is any other type of road, it is given to the territorial authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237298.


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Part 10 Subdivision and reclamations
Vesting of roads and reserves

238Vesting of roads

  1. When the Registrar-General of Land deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies, the land shown on the survey plan as road to be vested in a local authority or the Crown vests, free from all interests in land including any encumbrances (without the necessity of any instrument of release or discharge or otherwise),—

  2. in the case of a regional road, in the territorial authority or regional council, as the case may be:
    1. in the case of a Government road declared as such under any Act, in the Crown:
      1. in the case of a State highway, in the Crown or the territorial authority, as the case may be:
        1. in the case of any other road, in the territorial authority.
          1. Repealed
          Notes
          • Section 238: amended, on , by section 125 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 238(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 238(2): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).