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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

338: Council may grant right to lay conduit pipes along or under road

You could also call this:

"Council can let people lay pipes under or along roads if they follow the rules."

Illustration for Local Government Act 1974

The council can let someone lay pipes under or along a road for things like petroleum or biofuel. You can get permission to lay pipes for up to 50 years, but you have to follow the council's rules. The council decides what the rules are, and you have to pay rent and follow conditions about the size and maintenance of the pipes.

The council can give permission to lay pipes under or along a private road or way, but only if the owners agree. You have to pay rent and follow the council's conditions, which can include repairing the road or way if the pipes damage it. The council can give permission to more than one person to lay pipes in the same area.

If you want to lay pipes, you have to follow the rules in section 357 and pay rent and follow the council's conditions. The council decides what the conditions are, and you have to follow them to keep your permission to lay pipes.

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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=DLM420489.

Topics:
Government and voting > Local councilsHousing and property > Land use
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Part 21Roads (other than regional roads), service lanes, and access ways
Formation, alteration, stopping, and closing of roads

338Council may grant right to lay conduit pipes along or under road

  1. Subject to section 357, the council may grant to any person an easement or other right for such period not exceeding 50 years and on such terms and conditions as the council thinks fit, authorising that person to lay conduit pipes for petroleum or biofuel or for any other purpose in the district under or along any road or (with the consent of the owners) under or along any private road or private way; but no such grant shall be to the exclusion of like grants to any other person.

  2. The grant of any such right or easement shall be subject to the payment of such rent, and to the observance of such conditions as to size, construction, repair, and maintenance of the conduit pipes, and as to repair of any road or private road or private way under or along which they are laid, as the council thinks fit.

Notes
  • Section 338: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
  • Section 338 heading: amended, on , by section 19(1) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
  • Section 338(1): amended, on , by section 19(2) of the Local Government Act 1974 Amendment Act 2008 (2008 No 63).
  • Section 338(1): amended, on , by section 10 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).