Local Government Act 1974

Roads (other than regional roads), service lanes, and access ways - Formation, alteration, stopping, and closing of roads

319: General powers of councils in respect of roads

You could also call this:

"Councils have the power to build, fix, and change roads in their area."

Illustration for Local Government Act 1974

You have the right to know what councils can do with roads. Councils can construct, upgrade, and repair roads as they think fit. They can also lay out new roads, divert or alter the course of any road, and increase or diminish the width of any road.

Councils can determine what part of a road is for cars, and what part is for pedestrians or cyclists. They can alter the level of any road or part of a road. Councils can stop or close any road or part of a road in the manner set out in section 342 and Schedule 10.

Councils can make and use temporary roads on unoccupied land while a nearby road is being constructed or repaired. They can name and alter the name of any road, and put up signs with the road's name. Councils can sell any leftover materials from road construction.

Before councils do anything that might interfere with important services like wastewater, stormwater, water, electricity, gas, or telecommunications, they must give the owner of the affected service at least 10 working days' notice in writing. This rule does not apply in emergency situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420377.


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Part 21Roads (other than regional roads), service lanes, and access ways
Formation, alteration, stopping, and closing of roads

319General powers of councils in respect of roads

  1. The council shall have power in respect of roads to do the following things:

  2. to construct, upgrade, and repair all roads with such materials and in such manner as the council thinks fit:
      1. to lay out new roads:
        1. to divert or alter the course of any road:
          1. to increase or diminish the width of any road subject to and in accordance with the provisions of the district plan, if any, and to this Act and any other Act:
            1. to determine what part of a road shall be a carriageway, and what part a footpath or cycle track only:
              1. to alter the level of any road or any part of any road:
                1. to stop or close any road or part thereof in the manner and upon the conditions set out in section 342 and Schedule 10:
                  1. to make and use a temporary road upon any unoccupied land while any road adjacent thereto is being constructed or repaired:
                    1. to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road:
                      1. to sell the surplus spoil of roads:
                        1. for the purpose of providing access from one road to another, or from one part of a road to another part of the same road, to construct on any road, or on land adjacent to any road, elevators, moving platforms, machinery, and overhead bridges for passengers or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.
                          1. Before exercising a power under this section to do anything that will or is likely to interfere with any pipe, line, or other work associated with wastewater, stormwater, or the supply of water, electricity, gas, or telecommunications, the council must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger.

                          Notes
                          • Section 319: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
                          • Section 319(1)(a): amended, on , by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
                          • Section 319(1)(b): repealed, on , by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
                          • Section 319(1)(e): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                          • Section 319(1)(e): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                          • Section 319(2): inserted, on , by section 27 of the Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99).
                          • Section 319(2): amended, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).