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Local Government Act 1974

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

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

You could also call this:

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

Illustration for Local Government Act 1974

The council can decide to make a private road or right of way a public road. You need to know that this can happen to any private road or right of way that was created according to the laws in force at the time. The council can make this decision for private roads and rights of way that were created between 2 November 1878 and 1 January 1887.

The council will not make a private road or right of way a public road unless the owners or people whose properties border it have properly formed the road. When the council makes a private road or right of way a public road, it becomes a road that belongs to the council. This means the council is responsible for the road.

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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=DLM420680.

Topics:
Government and voting > Local councilsHousing and property > Land use
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348: Powers of council with respect to private roads and private ways, or

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

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350: Penalty for laying out private road or private way in contravention of this Act, or

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

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

  1. The council may declare to be a public road—

  2. any private road within the meaning of any Act in force at the time of its being laid out:
    1. any right of way within the meaning of any Act in force at the time of its being laid out, and which was laid out within the district on or after 2 November 1878, but before 1 January 1887.

      1. Notwithstanding anything in the foregoing provisions of this section, the council shall not declare any private road or right of way as aforesaid to be a public road unless and until it is properly formed by the owners thereof or frontagers thereto.

      2. Repealed

      3. Every private road and right of way declared to be a public road as aforesaid shall become a road vested as such in the council.

      Notes
      • Section 349: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
      • Section 349(1): amended, on , by section 13(1) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).
      • Section 349(2): amended, on , by section 39(1) of the Local Government Amendment Act 1985 (1985 No 60).
      • Section 349(3): repealed, on , by section 13(2) of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).