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Local Government Act 1974

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

346G: Limited access road not a road for purpose of subdivision or sale

You could also call this:

"Some roads can't be used to access new houses or land subdivisions, unless the council agrees."

Illustration for Local Government Act 1974

When you want to build on or subdivide land, you usually need to have access to a road. A limited access road is not considered a road for these purposes, unless the council says it is. The council can decide this on a case-by-case basis and tell the Registrar-General of Land.

If you are unhappy with the council's decision, you can object to the Environment Court within one month. You can object if the council refuses to allow a limited access road to be considered a road, or if you do not agree with the conditions they impose. Your objection will be handled according to the rules set out in the Resource Management Act 1991.

The Environment Court's decision on your objection is final, except as provided in section 299 of the Resource Management Act 1991. This means that what the Environment Court decides will usually be the last word on the matter. You should be aware of the rules and follow them when making an objection.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420657.

Topics:
Government and voting > Local councilsHousing and property > Land use
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346F: Restricting movement to or from a limited access road, or

"Rules for driving on or crossing special roads called limited access roads"

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346H: Certificate of land affected to be forwarded to Registrar-General of Land, or

"Telling the Registrar-General of Land about roads that affect people's land"

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

346GLimited access road not a road for purpose of subdivision or sale

  1. Where any provision of this Act or any other Act makes any person's right to erect or use a building of any kind on any land, or to subdivide or sell any land, conditional upon the land having a frontage or vehicle access to a road, or in any other way conditional upon the existence of a road, then, for the purposes of that provision, a limited access road shall be deemed not to be a road, except for such purpose, to such extent, and on such conditions, as may be notified from time to time by the council to the Registrar-General of Land.

  2. Any person aggrieved at—

  3. the refusal of the council to issue a notice to the Registrar-General of Land under subsection (1); or
    1. any condition subject to which any such notice is issued—
        1. may object in writing to the Environment Court within 1 month after being notified of that refusal or condition, or within such further time as the Environment Court may allow, and the objection shall be made and determined by the Environment Court in the manner prescribed by the Resource Management Act 1991 and the regulations under that Act.

      1. Subject to section 299 of the Resource Management Act 1991, the decision of the Environment Court on any such objection shall be final.

      Notes
      • Section 346G: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
      • Section 346G(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 346G(2): 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 346G(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 346G(2): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).
      • Section 346G(2)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 346G(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 346G(3): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
      • Section 346G(3): amended, on , by section 362 of the Resource Management Act 1991 (1991 No 69).