Local Government Act 1974

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

323: Unformed roads in the district

You could also call this:

"What happens to roads that aren't properly formed in your area"

Illustration for Local Government Act 1974

If you have an unformed road in your district, the Minister of Lands can ask the council to give the land to the Crown. The council must do this if the Minister asks, and they won't get any money for the land. The Minister will send a notice to the council to make this happen.

When the Minister's notice is published in the Gazette, the land will no longer be a road. It will become Crown land, which is managed under the Land Act 1948. This means the land will be subject to the rules of the Land Act 1948.

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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=DLM420409.

Topics:

Government and voting > Local councilsHousing and property > Land use

322: Land for road formation or widening, or

"Using land to build or widen roads"

324: Council may contribute to cost of formation, maintenance, etc, of roads outside the district, or

"Council can help pay for roads outside their area if locals use them a lot."

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

323Unformed roads in the district

Where the land comprising any unformed road existing at the commencement of this Part was immediately before the commencement of this Part vested in the Corporation of the district by section 191A(1) of the Counties Act 1956, the Minister of Lands may, by notice in writing to the council given at any time while the land, or, as the case may be, the part thereof specified in the notice, continues to be an unformed road, require the council to transfer that land or that specified part thereof to the Crown without consideration, and the council shall transfer it to the Crown accordingly.
On the publication in the Gazette of a notice by the Minister of Lands declaring that any land or part thereof referred to in subsection (1) has been transferred to the Crown pursuant to this section, the land transferred shall cease to be a road and shall be deemed to be Crown land subject to the Land Act 1948.

Notes

Section 323: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).