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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

340: Motor garages

You could also call this:

"Building a garage near a road: what you need to know"

Illustration for Local Government Act 1974

If you want to build a private motor garage near a road, you need to get a permit from the council, but you must follow the rules in the Resource Management Act 1991. The council can give you a permit to build a garage next to the road or between the road and your house. You can get a permit to build a garage, but the council can cancel it at any time.

If the council cancels your permit, you have to remove your garage within one month, or they might give you more time. You will not get any money back if you have to remove your garage. If you do not remove your garage, the council can do it for you and you will have to pay for it.

If you already had a permit before this law started, it is still valid.

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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=DLM420495.

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

340Motor garages

  1. Subject to the Resource Management Act 1991, the council may grant permits for the erection of private motor garages adjacent to the line of the road or to a line intermediate between the line of the road and the building line.

  2. Every such permit may be at any time cancelled by the council. Within 1 month after the date of the cancellation, or within such extended time as the council may in any case allow, the owner shall remove the garage and shall not be entitled to any compensation in respect thereof.

  3. If the owner fails to remove the garage within the time specified, the council may remove it at his expense, and recover the cost thereof from that owner as a debt.

  4. Every permit granted under section 132 of the Public Works Act 1928 and in force at the commencement of this Part shall continue in force after the commencement of this Part as if it had been granted under this section.

Compare
Notes
  • Section 340: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
  • Section 340(1): 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 340(1): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).