Local Government Act 1974

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

348: Powers of council with respect to private roads and private ways

You could also call this:

"Council rules for building and fixing private roads and ways"

Illustration for Local Government Act 1974

If you want to create a private road or way, you need to get permission from the council first. The council can say yes, but they can also add conditions, like how wide the road should be or how many buildings can be built along it. You might have to sign a bond to agree to these conditions.

If the council gives you permission to build a private road, you have three years to finish the work. If you don't finish on time, you might need to ask the council for more time. The council can also ask you to remove anything that is blocking the road.

The council has the power to make you fix or build a private road if it is not in good condition. They can send you a notice to do the work, and if you don't, they can do it themselves and charge you for it. This applies to private roads that lead to two or more separate properties.

There is one exception: if a private road was created as part of a subdivision under the Resource Management Act 1991, then this section does not apply. You should check the Land Transfer Act 2017 to see how bonds work. You can also look at section 347 to see what other rules apply.

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This page was last updated on 10 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420676.

Topics:

Housing and property > Land useGovernment and voting > Local councils

347: Grades and formation of private roads, or

"Rules for building and looking after private roads"

349: Council may declare private road or right of way to be public road, or

"Council can turn a private road into a public one"

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

348Powers of council with respect to private roads and private ways

Except with the prior permission of the council, no person shall lay out or form any private road or private way, or grant or reserve a right of way over any private way, in the district.
Subject to section 347, in granting any such permission the council may—
impose such conditions as to widths, levels, entrances, courses, formation, cost of formation, maximum number of buildings to be erected fronting any such private road or private way, minimum distances between any 2 buildings, position of building line, and otherwise in all respects whatsoever as the council thinks fit; and
require the owner or owners to whom permission is given to enter into a bond to comply with any conditions imposed by the council. Every such bond shall be deemed—
1. to be an instrument creating an interest in each parcel of land to which the conditions apply within the meaning of section 51 of the Land Transfer Act 2017, and may be registered accordingly; and
2. to be a covenant running with each such parcel of land, and shall bind subsequent owners.

Any permission of the council under subsection (1) to lay out or form any private road or private way as aforesaid shall be deemed to lapse on the expiration of 3 years after the grant thereof, unless the work has then been completed to the satisfaction of the council; but may from time to time be extended by the council for a period or periods not exceeding 1 year at any one time.
With respect to any private road, the council—
may require any projection or obstruction in or over any part thereof to be removed at the expense of the person causing the same or to whom the same belongs:
may by notice in writing require the owners of land or buildings abutting on the private road to construct or repair the road, with the footways, kerbing, and channelling thereof, and every such owner shall be liable for the construction and repair of so much of the private road as the council thinks fit:
in case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions.

Subsection (4) shall apply to every private way which for the time being serves as an approach to 2 or more allotments that are separately owned or separately occupied or to any allotment on which there are 2 or more buildings that are separately occupied.
Nothing in this section applies to a private road or right of way lawfully created as part of a subdivision under the Resource Management Act 1991.

Notes

Section 348: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 348(1): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 348(2)(b)(i): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 348(3): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
Section 348(6): inserted, on 1 August 2003, by section 98(2) of the Resource Management Amendment Act 2003 (2003 No 23).
Section 348(6): amended, on 23 December 2023, 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).