Local Government Act 1974

Roads (other than regional roads), service lanes, and access ways - Limited access roads

346C: Requirements of declaration of limited access road

You could also call this:

"Rules for councils when creating a limited access road"

Illustration for Local Government Act 1974

When a council declares a limited access road under section 346A(1), they must follow some rules. The council must refer to a plan that shows the road and any parts of it that are limited access. The plan must also show where you can cross the road and the boundaries of the land next to the road.

The council must keep the plan somewhere that you can look at it and tell people where it is. They must also send a copy of the plan and some other information to the Registrar-General of Land, who will record it against the titles of the affected land. This information includes details about the land that is affected by the limited access road, such as the land next to the road or land that can no longer access another road.

The council must give a copy of this information to the owner and occupier of the affected land, if they can find them. The Registrar-General of Land will use this information to update the records of the affected land, as stated in section 346D(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420647.


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346B: Provisions of Acts relating to roads to apply to limited access roads, or

"Rules for other roads also apply to limited access roads"


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346D: Access to and from land, or

"Getting to your land from a limited access road"

Part 21Roads (other than regional roads), service lanes, and access ways
Limited access roads

346CRequirements of declaration of limited access road

  1. The following provisions shall apply in respect of the declaration under section 346A(1) of a limited access road:

  2. every such declaration shall refer to a plan showing—
    1. the road or part thereof to which the declaration relates:
      1. any crossing places to be authorised:
        1. the boundaries of all road frontages of each parcel of land adjoining the road or part thereof to which the declaration relates:
          1. the boundaries of all other types (if any) of legal access (whether roads, private roads, private ways, rights of way, or any other types whatsoever) connecting the road or part thereof to any other parcel of land:
            1. the title references to every parcel of land to which subparagraph (iii) or subparagraph (iv) applies:
            2. every such declaration shall indicate where the plan is held and may be inspected:
              1. the council shall forward to the Registrar-General of Land a certificate authenticated by the council (together with a copy of the plan and of any resolution under section 346D(3)), setting out by sufficient descriptions and title references every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; and the Registrar-General of Land shall record it against the titles to all the parcels of land therein described:
                1. the council shall cause a copy of the certificate to be served on the owner and the occupier (if he is not also the owner) of any land to which the declaration relates, so far as they can be ascertained.
                  Notes
                  • Section 346C: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
                  • Section 346C(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                  • Section 346C(c): amended, on , by section 7(1) of the Local Government Amendment Act 1979 (1979 No 59).