Local Government Act 1974

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

324A: Power to carry out works on Maori roadway

You could also call this:

"Council can fix or improve Maori roadways if they follow the rules and get permission from land owners."

Illustration for Local Government Act 1974

The council can maintain, repair, or improve a Maori roadway in your district, as long as it follows the rules in Part 14 of Te Ture Whenua Maori Act 1993. They can also help pay for these costs. You should know that the council can do this work on a roadway that was laid out according to Part 14 of Te Ture Whenua Maori Act 1993. Before the council starts any work on a Maori roadway, they need to get written consent from the owners of the land the roadway is on and the owners of the land next to it. If the owners are Maori and can't be found, the council can ask the Maori Land Court for permission to do the work, following the rules in Part 10 of Te Ture Whenua Maori Act 1993. The Maori Land Court will then deal with the council's application as if the owners had been officially notified.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM420414.

Topics:

Government and voting > Local councilsHousing and property > Land useMāori affairs > Māori land

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."

325: Road widths, or

"How wide roads should be"

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

324APower to carry out works on Maori roadway

The council may from time to time—
maintain, repair, or improve any roadway laid out in the district in accordance with Part 14 of Te Ture Whenua Maori Act 1993; or
contribute towards the cost of maintaining, repairing, widening, or improving any roadway of the kind described in paragraph (a).

The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1), obtain the written consent of—
the owners of the land comprising that roadway; and
the owners of the land adjoining that roadway if those owners are not the owners of the land comprising the roadway.

In any case where the owners of land comprising or adjoining a roadway laid out pursuant to Part 14 of Te Ture Whenua Maori Act 1993 are or are believed to be Maori and their whereabouts are unknown, consent under subsection (2) may be obtained by applying to the Maori Land Court for the district in which the land is situated for an order under the provisions of Part 10 of Te Ture Whenua Maori Act 1993.
The Maori Land Court shall deal with any application made pursuant to subsection (3) as if a notice under an enactment had been issued to the owners.

Notes

Section 324A: inserted, on 6 June 1989, by section 31 of the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 324A(1)(a): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
Section 324A(3): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).