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Local Government Act 1974

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

330: Road levels

You could also call this:

"Rules about how high or low roads are built and how it affects your property"

Illustration for Local Government Act 1974

The council can make a map of the district showing the levels of all roads. You can look at this map at the council's office. If a map is made for your area, you must build your house with the road levels in mind. The council can change the level of a road, but they must follow the rules set out in Schedule 13.

When the council changes a road level, you might have to pay them if you built your house without considering the road level. If a road crosses into another district, the councils must agree on the road level at the crossing point. The council can also change the slope of a road and put it onto someone's land, but they must pay compensation as stated in the Public Works Act 1981.

You will not get compensation for a road level change unless it was made after the level was fixed or the road was built by a local authority. In this law, a road includes a private road, but not an access way.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420444.

Topics:
Government and voting > Local councilsHousing and property > Land use
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329: Road gradients, or

"Roads can't be too steep, with a maximum slope of 1 metre up for every 8 metres along."

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331: Footpaths and channels, or

"Councils can build and fix footpaths and must make roads safe for people with disabilities to cross."

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

330Road levels

  1. The council may, if it thinks fit, make a map of the district or any specified portion thereof showing all roads therein with the levels thereof. Any map so made may be amended from time to time, and shall be open for public inspection at all reasonable hours at the office of the council.

  2. All buildings erected in any part of the district for which a map has been made as aforesaid, shall be constructed with proper regard to the levels shown on the map.

  3. Any person who erects any building abutting on a road without regard to the level of the road shall be liable to pay to the council any expenses incurred by the council in altering the level of the road adjacent to the building.

  4. The council may at any time, either before or after the making of any such map, fix the level of any road, subject to the conditions set out in Schedule 13: provided that where no building or land appurtenant thereto fronts upon any road the conditions numbered 1 to 5 in that schedule need not apply.

  5. Where a road crosses the boundary of a district or meets another road on such a boundary, the level of the road at the point of crossing or meeting shall not be altered without the agreement of both councils controlling the respective roads.

  6. It shall be lawful for the council to throw the batter or make the slope of any road (not being a private road) upon any land, subject to the payment of compensation, to be claimed and ascertained under the Public Works Act 1981.

  7. No compensation shall be payable by the council in respect of an alteration in the level of any road, unless the alteration has been made after that level has been fixed under this Act or the corresponding provisions of any former Act, or after the road has been constructed in some permanent manner by any local authority having the power to do so.

  8. In this section, unless the context otherwise requires, the term road includes a private road, but does not include an access way.

Notes
  • Section 330: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
  • Section 330(6): amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).