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Local Government Act 1974

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

346D: Access to and from land

You could also call this:

"Getting to your land from a limited access road"

Illustration for Local Government Act 1974

If you own a piece of land next to a limited access road, you are allowed to have one place where you can drive to and from the road. The council will decide where this place is and will tell you by notice under section 346E. You can use this place to drive to and from your land. The council will choose the location of this crossing place.

When a council decides to make a road a limited access road, they must make sure you can still get to your land. If it is not practical to have a crossing place, the council might buy the land or get it in another way under the Public Works Act 1981. This is so you can still get to your land.

In this law, a piece of land is called a parcel of land if it can be sold to someone without needing to make any more land into a road. The council can decide that two or more pieces of land that are next to each other are considered one piece of land. They can also decide that all the pieces of land in a unit title plan under the Unit Titles Act 2010 are considered one piece of land.

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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=DLM420650.

Topics:
Government and voting > Local councilsHousing and property > Land use
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"Rules for councils when creating a limited access road"

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346E: Authorisation of crossing places, or

"Council rules for safe access to your land near limited access roads"

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

346DAccess to and from land

  1. Each parcel of land that adjoins or has legal access to a limited access road and that does not have reasonably practicable alternative legal access to some other road that is not a limited access road, shall be entitled to 1 crossing place at which vehicles are permitted to proceed to and from the limited access road from and to the parcel of land. The location of that crossing place shall be specified by the council from time to time by notice issued to the owner under section 346E.

  2. No road, or part thereof, shall be declared a limited access road, unless the council, in any case where it considers it inexpedient to authorise any sufficient specified crossing place as aforesaid, purchases or takes under the Public Works Act 1981 or otherwise acquires any parcel of land that does not have a reasonable practical alternative legal access.

  3. In this section and in section 346E the term parcel of land means a parcel of land that can legally be transferred to a person other than an owner of adjoining land without the dedication of any further land as a road and without the deposit of any further plan: provided that the council may, by resolution, declare—

  4. 2 or more adjoining parcels of land, while remaining in 1 ownership; and
    1. all parcels of land included in 1 unit title plan deposited in accordance with the Unit Titles Act 2010—
        1. to be a single parcel of land for the purposes of this section and of section 346E.

      Notes
      • Section 346D: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
      • Section 346D(2): amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
      • Section 346D(3)(b): amended, on , by section 233(1) of the Unit Titles Act 2010 (2010 No 22).