Local Government Act 1974

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

344: Gates and cattle stops across roads

You could also call this:

"Rules for putting gates or cattle stops on roads in New Zealand"

Illustration for Local Government Act 1974

If you want to put a gate or cattle stop across a road, the council must give you permission in writing. The council will only give you permission if it's not practical to fence the road or if the road goes through private land and the owner wants a gate or cattle stop. You will have to pay for the gate or cattle stop and maintain it.

When you put a gate across a road, you must put a sign on each side of the gate that says "Public Road" in big letters. You must always keep the sign there and make sure it's easy to read. If the council thinks a gate or cattle stop is no longer needed, they can tell you to remove it.

You can object to the council's decision to remove a gate or cattle stop by writing to them within 14 days. The council will then consider your objection and listen to what you have to say. They might decide not to remove the gate or cattle stop, or they might make some changes to their plan.

Before you start building a gate or cattle stop, you must submit your plans to the council and get their approval. The council can make changes to your plans or ask you to add safety features. You must build the gate or cattle stop according to the approved plans.

The Minister of Transport can set rules for gates and cattle stops, and you must follow these rules. You are responsible for maintaining any gate or cattle stop you build, and you must keep it in good condition. The council can make rules about how to use gates and cattle stops, and they can fine you if you damage one or leave it open.

If someone gets hurt because of a gate or cattle stop, the government or the council is not responsible. If you build a gate or cattle stop, you can also fence the road up to the gate, and you must maintain the fence. Any rules about gates and cattle stops also apply to fences.

Gates and cattle stops that were already built before this law came into effect are still allowed, as long as they were built with permission. The Gates and Cattle Stops Order 1955 is still in effect, and it's like a set of rules made by the Minister of Transport.

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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=DLM420620.

Topics:

Government and voting > Local councilsHousing and property > Land use

343: Consumption or possession of intoxicating liquor in roads closed for public function or gathering, or

"No drinking alcohol in closed roads for events"

345: Disposal of land not required for road, or

"What happens to land that's no longer needed for a road"

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

344Gates and cattle stops across roads

The council may, in writing, permit the erection of a swing gate or a cattle stop or both across any road, where—
in the council's opinion it is not practicable or reasonable to fence the road; or
by agreement the road has been taken or may be constructed through private lands and the owner or occupier requests that a gate or a cattle stop or both be erected on the outer boundary at the cost (including maintenance) of one or both parties as may be agreed.

Where a gate is erected across a road under subsection (1), a board with the words Public Road legibly painted thereon in letters of not less than 75 millimetres in height shall be fixed upon each side of the gate and at all times maintained thereon by the person authorised to erect the gate, or at whose cost it has been agreed that the gate shall be erected and maintained.
Where a gate or cattle stop across any road is considered redundant or an inconvenience, either by the council or by a petition supported by 20 or more residents of the district, the council may serve notice upon the person authorised to erect the gate or cattle stop of the council's intention to remove it.
Within 14 days after the service on any person of a notice pursuant to subsection (3), he may object, in writing to the council, against its intention to remove the gate or cattle stop.
Not later than 14 days after receiving any such objection, the council shall consider it, and, after hearing any submissions made by the objector or on his behalf, the council may dismiss the objection or decide not to proceed to remove the gate or cattle stop or make such modifications to its proposal as it thinks fit.
The erection across any road of any gate or cattle stop shall not be commenced unless and until plans of the gate or cattle stop have been submitted to and approved by the council. The council may make such alterations in or additions to any plans submitted to it as it thinks fit, and may require the erection of such protective or warning devices as it considers necessary; and the gate or cattle stop shall be erected in accordance with the plans and requirements and in such position as the council directs.
The Minister of Transport may from time to time, by notice in the Gazette, prescribe specifications for gates and cattle stops.
The person by whom any swing gate or cattle stop has been erected pursuant to a permit granted under this section, and his successors in title, shall maintain the swing gate or cattle stop to the satisfaction of the council.
Without limiting the power to make bylaws conferred on the council by section 684, the council may from time to time make bylaws regulating the use of swing gates and cattle stops erected pursuant to this section, prohibiting the causing of damage to such swing gates and cattle stops, and prohibiting the leaving open of such swing gates.
Neither the Crown nor the Minister of Transport nor the council shall be liable for damages in respect of any accident arising out of the existence of a gate or cattle stop across any road erected under a permit granted pursuant to this section.
The power conferred by this section to erect and maintain any swing gate or cattle stop on any road shall be deemed to include power to fence the road up to that gate or cattle stop and to maintain that fence, and every reference in this section to a swing gate or cattle stop shall be deemed to include a reference to such a fence.
This section shall apply with respect to every gate or cattle stop and fence lawfully erected across any road at the commencement of this Part pursuant to a permit granted under section 141 or section 142 or section 144 of the Public Works Act 1928 or section 11 of the Public Works Amendment Act 1935, as if it had been erected pursuant to a permit granted under this section.
The Gates and Cattle Stops Order 1955 (SR 1955/67) shall continue in force and have effect after the commencement of this Part as if it were a notice issued under subsection (7).

Notes

Section 344: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 344(7): replaced, on 1 April 1988, by section 17(1) of the Local Government Amendment Act 1988 (1988 No 71).
Section 344(9): amended, on 1 April 1980, by section 10(4) of the Local Government Amendment Act 1979 (1979 No 59).
Section 344(10): amended, on 1 April 1988, by section 17(2) of the Local Government Amendment Act 1988 (1988 No 71).