Local Government Act 1974

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

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

You could also call this:

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

Illustration for Local Government Act 1974

When a road is declared a limited access road under section 346A, the council must send a certificate to the Registrar-General of Land. You need to know that this certificate says which parcels of land are affected by the limited access road. The Registrar-General of Land will record this certificate against the titles of the affected land. The council must describe the affected land and give its title reference in the certificate. If the council decides a road is no longer a limited access road, they must send another certificate to the Registrar-General of Land.

The second certificate will say the road is no longer a limited access road and which parcels of land are affected by this change. The Registrar-General of Land will record this new certificate against the titles of the affected land. The council must also give a copy of this certificate to the owners and occupiers of the affected land, if they can find them.

The council has to make sure the owners and occupiers know what is happening to the road and their land. They do this by serving them a copy of the certificate. You should be able to find out what is happening to the land by looking at the recorded certificate.

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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=DLM420664.


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

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


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346I: Compensation, or

"Getting paid back for things the council did to affect your property"

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

346HCertificate of land affected to be forwarded to Registrar-General of Land

  1. Where any road is declared to be a limited access road under section 346A, the council shall forward to the Registrar-General of Land a certificate authenticated by the council specifying by sufficient description and title reference 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 the certificate against the titles specified therein.

  2. Where the council revokes the status as a limited access road of any road or part thereof, the council shall forward to the Registrar-General of Land a certificate authenticated by the council that the status of the road or part thereof as a limited access road has been revoked, and setting out by sufficient descriptions and title references all parcels of land affected by the revocation, and the Registrar-General of Land shall record the certificate against the titles to all the parcels of land therein described.

  3. The council shall also cause a copy of that certificate to be served on the owner and the occupier (if he is not also the owner) of every parcel of land affected by the revocation, so far as they can be ascertained.

Notes
  • Section 346H: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
  • Section 346H(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 346H(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).