Resource Management Act 1991

Subdivision and reclamations - Vesting of roads and reserves

238: Vesting of roads

You could also call this:

“Roads shown on survey plans become owned by the right authority without any extra paperwork.”

When the Registrar-General of Land records a survey plan, or when a Chief Surveyor approves a survey plan that follows section 228, the land shown on the plan as road to be given to a local authority or the Crown becomes theirs. This happens automatically, without needing any extra paperwork. The land is free from any other claims or restrictions.

The ownership of the road depends on what type of road it is:

If it’s a regional road, it goes to the territorial authority or regional council.

If it’s a Government road (which has been declared as such under any Act), it goes to the Crown.

If it’s a State highway, it goes to either the Crown or the territorial authority.

For any other type of road, it goes 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.

Topics:
Housing and property > Land use
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239: Vesting of reserves or other land, or

“When a plan is approved, certain lands become owned by the local council or the government without any special papers needed.”

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 Repealed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).