Housing Act 1955

State houses - Easements

27: Right of way certificates

You could also call this:

"A right of way certificate lets you use a path or road on someone else's land."

Illustration for Housing Act 1955

You can get a right of way certificate from Kāinga Ora–Homes and Communities. They can issue this certificate if a path or road crosses their land to reach another piece of land. The land must have been State housing land when the path or road was created. You will need this certificate if some of the land has been sold. The certificate must be signed by Kāinga Ora–Homes and Communities. It must also show which land the path or road crosses and which land it leads to. If the certificate is registered, you have the right to use the path or road. You can walk or drive on it with animals or vehicles. The owner of the land the path crosses must let you use it. You may need to pay to maintain the path or road. You can find more information about registering the certificate in section 29.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291320.

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Part 1State houses
Easements

27Right of way certificates

  1. Kāinga Ora–Homes and Communities may at any time issue a right of way certificate in any case where,—

  2. in the opinion of Kāinga Ora–Homes and Communities, any right of way for the use of pedestrians or vehicles from any legally created road or street or from any land used as a road or street to any parcel or parcels of land which was State housing land when the right of way came into existence passes over other land which was State housing land when the right of way came into existence; and
    1. after the right of way came into existence, 1 or more of the parcels of land has been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment.
      1. Every such right of way certificate shall—

      2. be executed by Kāinga Ora–Homes and Communities:
        1. specify the several parcels of land served by the right of way and the land over which the right of way exists:
          1. have endorsed thereon or refer to a diagram showing the several parcels of land served by the right of way and the land over which the right of way exists.
            1. While any right of way certificate remains registered in accordance with section 29 against the titles to the land to which the certificate relates, unless the certificate otherwise provides, the following provisions shall apply:

            2. the owner for the time being of any parcel of land specified in the certificate as being served by the right of way shall have the full and free right and liberty for himself, his tenants, agents, workmen, licensees, and invitees (in common with all other persons having the like right) from time to time and at all times by day or night to pass and repass over the land specified in the certificate as land over which the right of way exists with or without domestic animals of any kind and, where practicable, with vehicles and implements of any kind:
              1. the owner for the time being of any land specified in the certificate as being land over which the right of way exists shall afford to the persons specified in paragraph (a) the full and free exercise of the rights specified in paragraph (a) in respect of that land:
                1. the owner for the time being of any parcel of land specified in the certificate as being served by the right of way may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all or any of the things necessary for the proper maintenance or reconstruction of the right of way or lawfully required in respect thereof by any local authority having jurisdiction in the matter.
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                  Notes
                  • Section 27(1): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
                  • Section 27(1)(a): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
                  • Section 27(2)(a): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).