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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

345: Disposal of land not required for road

You could also call this:

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

Illustration for Local Government Act 1974

When a road is formed, diverted, stopped, or made narrower, the council can decide what to do with the land that is no longer needed for the road. You can think of the council like a group of people who make decisions for your local community. The council may sell or lease the land to the owner of the land next to it, or to someone else.

If the council sells the land to the owner of the land next to it, they can require that the two pieces of land be combined into one. The council can also use the land for another purpose, like a park or a reserve, as allowed under the Land Act 1948 or other laws. In some cases, the council can give the land to the government to use for a public purpose.

There are some special rules that apply when a road is stopped near the sea, a river, or a lake. In these cases, a strip of land at least 20 metres wide must be set aside as an esplanade reserve, as defined in the Resource Management Act 1991. This means that the land is protected for public use and enjoyment, and is used for purposes specified in section 229 of that Act.

The Resource Management Act 1991 also has rules about how esplanade reserves can be used and managed. When an esplanade reserve is created, the Registrar-General of Land will note this on the record of title for the land. This is an important document that shows who owns the land and what rules apply to it, and it may also refer to the Land Transfer Act 2017 or other relevant laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420626.

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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

345Disposal of land not required for road

  1. Subject to subsection (3), where in forming a new road, or in diverting or stopping or diminishing the width of any existing road, any part thereof is no longer required as a road, the council may—

  2. either—and, if no such owner or owners is or are willing to purchase the land at the price fixed or, as the case may be, take a lease of that part for the term and at the rental and subject to the conditions fixed, the council may sell or lease the land by public auction or private tender; and a conveyance, transfer, or lease under the seal of the council shall constitute a valid title to the land; or
    1. sell that part to the owner or owners of any adjoining land for a price to be fixed by a competent valuer appointed by the council to value that part; or
      1. grant a lease of that part to the owner or owners of any adjoining land for a term and at a rental and subject to such conditions as the council thinks fit;—
      2. apply that part, or any part thereof, to any purpose to which the council may apply land, either under this Act or any other enactment; or
        1. grant a lease of that part, or any part thereof, for such term and on such conditions as it thinks fit for use for any purpose to which the council may apply land, either under this Act or any other enactment; or
          1. transfer that part, or any part thereof, to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility or as Crown land subject to the Land Act 1948.

            1. To avoid doubt, this section does not apply to the common marine and coastal area within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011.

            2. If the council pursuant to subsection (1)⁠(a)⁠(i) sells the land to the owner or owners of any adjoining land, it may require, despite the provisions of any other enactment, the amalgamation of that land with the adjoining land under 1 record of title. The Registrar-General of Land may, if he or she thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a record of title under this section, and may issue a record of title qualified as described in section 17(1)(a) of the Land Transfer Act 2017.

            3. Where the council acting under subsection (2) requires the amalgamation of the land sold with the adjoining land under 1 record of title—

            4. the separate parcels of land included in the 1 record of title by virtue of that requirement shall not be capable of being disposed of individually or of again being held under separate records of title, except with the consent of the council:
              1. where that adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation is lawfully conferred or imposed, the land sold shall be deemed to be and always have been part of the land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on that adjoining land shall be deemed also to be rights and obligations in respect of, or encumbrances on, that land sold.

                1. On the issue of a record of title to the land referred to in subsection (2A), the Registrar-General of Land shall enter on the record of title a memorandum that the land to which it relates is subject to paragraph (a) of that subsection, and, if the circumstances so require, that it is subject to paragraph (b) of that subsection.

                2. Where any road or any part of a road along the mark of mean high water springs of the sea, or along the bank of any river with an average width of 3 metres or more, or the margin of any lake with an area of 8 hectares or more is stopped, there shall become vested in the council as an esplanade reserve (as defined in section 2(1) of the Resource Management Act 1991) for the purposes specified in section 229 of that Act—

                3. a strip of land forming part of the land that ceases to be road not less than 20 metres wide along the mark of mean high water springs of the sea, or along the bank of any river or the margin of any lake (as the case may be); or
                  1. the full width of the land which ceases to be road—
                      1. whichever is the lesser.

                    1. The obligation under subsection (3) to set aside a strip of land not less than 20 metres in width as an esplanade reserve is subject to any rule included in a district plan under section 77 of the Resource Management Act 1991.

                    2. On the issue of any record of title for land which has become vested in the council as an esplanade reserve under subsection (3), the Registrar-General of Land shall enter thereon a memorandum that the land is subject to that subsection.

                    3. Repealed
                    Notes
                    • Section 345: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
                    • Section 345(1)(a): amended, on , by section 11 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
                    • Section 345(1A): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                    • Section 345(2): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 345(2A): inserted, on , by section 22 of the Local Government Amendment Act (No 2) 1982 (1982 No 166).
                    • Section 345(2A): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 345(2A)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 345(2B): inserted, on , by section 22 of the Local Government Amendment Act (No 2) 1982 (1982 No 166).
                    • Section 345(2B): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 345(3): replaced, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                    • Section 345(3): 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 345(4): replaced, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                    • Section 345(4): 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 345(5): replaced, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
                    • Section 345(5): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 345(6): repealed, on , by section 362 of the Resource Management Act 1991 (1991 No 69).