Plain language law

New Zealand law explained for everyone

Local Government Act 1974

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

316: Property in roads

You could also call this:

"Who owns the roads in your area?"

Illustration for Local Government Act 1974

When you think of a road, you might wonder who owns it. The council of the district where the road is situated owns the road and the soil it is made of. They also own the materials that make up the road.

If the New Zealand Transport Agency asks, a council can choose to own or not own a State highway. This means the council can decide if they want to be in charge of a State highway or not. The New Zealand Transport Agency can ask the council to make this decision.

If a council decides to own or not own a State highway, the property will automatically change hands. The Registrar-General of Land will then update the records to show who the new owner is. This is done by presenting a copy of the council's decision.

When we talk about roads in this law, we do not mean some special kinds of roads. These special roads include government roads and State highways in certain areas. They also include roads that the Minister of Local Government is in charge of, and regional roads that are owned by a regional council, as defined in Part 22.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420361.

Topics:
Government and voting > Local councilsHousing and property > Land use
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317: Control of roads, or

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

316Property in roads

  1. Subject to section 318, all roads and the soil thereof, and all materials of which they are composed, shall by force of this section vest in fee simple in the council of the district in which they are situated. There shall also vest in the council all materials placed or laid on any road in order to be used for the purposes thereof.

  2. At the request of the New Zealand Transport Agency, a council may accept or relinquish its property, or any part of its property, in a State highway.

  3. If a council acts under subsection (2),—

  4. the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and
    1. on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly.

      1. In this section the term road does not include—

      2. any government road:
        1. any State highway or part of a State highway situated in a county or in that part of the district of a district council which before the constitution of the district was or formed part of a county:
          1. any road in respect of which the Minister of Local Government is the council:
            1. any regional road or part thereof (as defined in Part 22) which is vested in the regional or united council.

              Notes
              • Section 316: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
              • Section 316(2): replaced, on , by section 4 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
              • Section 316(2): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
              • Section 316(3): replaced, on , by section 4 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
              • Section 316(4)(c): amended, on , by section 11(2) of the Local Government Amendment Act (No 3) 1988 (1988 No 109).