Local Government Act 1974

Roads (other than regional roads), service lanes, and access ways

315: Interpretation

You could also call this:

"What special words mean in the Local Government Act 1974"

Illustration for Local Government Act 1974

When you read about roads and other paths in the Local Government Act 1974, you need to know what some words mean. An access way is a path that helps people walk from one road to another or to a public place. A council is a group of people who make decisions for a local area.

A district is the area that a council is in charge of. A footpath is the part of a road that is meant for people to walk on. A private road is a road on private land that people can use. A private way is a path on private land that only some people can use.

A road is a path that people can use to get from one place to another. It can include things like bridges and drains. A service lane is a small road that helps people get to a place. A survey plan is a map that shows the boundaries of an area, as defined in the Resource Management Act 1991.

If a road gets bigger because of the way the water moves, the new part is still a road. If a road gets smaller because of the way the water moves, the part that is gone is still thought of as a road. The council does not have to do anything about private roads or private ways.

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This page was last updated on 10 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420326.

Topics:

Government and voting > Local councilsHousing and property > Land use

314: Registration of company leases and cross leases, or

"Old law about registering company leases, no longer used"

316: Property in roads, or

"Who owns the roads in your area?"

Part 21Roads (other than regional roads), service lanes, and access ways

315Interpretation

In this Part, unless the context otherwise requires,—
access way means any passage way, laid out or constructed by the authority of the council or the Minister of Works and Development or, on or after 1 April 1988, the Minister of Lands for the purposes of providing the public with a convenient route for pedestrians from any road, service lane, or reserve to another, or to any public place or to any railway station, or from one public place to another public place, or from one part of any road, service lane, or reserve to another part of that same road, service lane, or reserve
council means a territorial authority; and, in relation to land that does not form part of any district, means the Minister of Local Government
district means the district of a territorial authority; and, in relation to land in respect of which the Minister of Local Government is the council, means that land
footpath means so much of any road as is laid out or constructed by authority of the council primarily for pedestrians; and includes the edging, kerbing, and channelling thereof
private road means any roadway, place, or arcade laid out or formed within a district on private land, whether before or after the commencement of this Part, by the owner thereof, but intended for the use of the public generally
private way means any way or passage whatsoever over private land within a district, the right to use which is confined or intended to be confined to certain persons or classes of persons, and which is not thrown open or intended to be open to the use of the public generally; and includes any such way or passage as aforesaid which at the commencement of this Part exists within any district
road means the whole of any land which is within a district, and which—and includes—but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989
1. immediately before the commencement of this Part was a road or street or public highway; or
2. immediately before the inclusion of any area in the district was a public highway within that area; or
3. is laid out by the council as a road or street after the commencement of this Part; or
4. is vested in the council for the purpose of a road as shown on a deposited survey plan; or
5. is vested in the council as a road or street pursuant to any other enactment;—
6. except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988:
7. every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—
service lane means any lane laid out or constructed either by the authority of the council or the Minister of Works and Development or, on or after 1 April 1988, the Minister of Lands for the purpose of providing the public with a side or rear access for vehicular traffic to any land
survey plan has the same meaning as in the Resource Management Act 1991.
Repealed
Nothing in this Part shall be construed as imposing any obligation on the council in relation to any private road or private way.
Every accretion to any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake caused by the action of the river or stream or of the sea or lake shall form part of the road.
Where any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road.

Notes

Section 315: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 315(1) access way: amended, on 1 April 1988, by section 15(a) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) council: amended, on 1 April 1988, by section 15(b) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) council: amended, on 14 January 1983, by section 28(1) of the Local Government Amendment Act (No 2) 1982 (1982 No 166).
Section 315(1) district: amended, on 1 April 1988, by section 15(c) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) private road: amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 315(1) regional council: repealed, on 1 July 1992, by section 34 of the Local Government Amendment Act 1992 (1992 No 42).
Section 315(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 315(1) road: amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 315(1) road paragraph (f): amended, on 1 April 1988, by section 15(d) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) road paragraph (f): amended, on 12 December 1979, by section 7(1) of the Local Government Amendment Act 1979 (1979 No 59).
Section 315(1) scheme plan: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 315(1) service lane: amended, on 1 April 1988, by section 15(e) of the Local Government Amendment Act 1988 (1988 No 71).
Section 315(1) survey plan: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).
Section 315(2): repealed, on 1 April 1980 by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).