Local Government Act 1974

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

351: Illegal private road or private way not to be registered

You could also call this:

"You can't register a private road or way that's not allowed by law."

Illustration for Local Government Act 1974

If you try to create a private road or private way that is not allowed under this Part, you cannot register it. You cannot deposit or register any plan, deed, or instrument that creates, recognises, refers to, grants, or reserves a private road or private way under the Deeds Registration Act 1908 or the Land Transfer Act 2017. This means that if you try to register something that is not allowed, it will not be accepted.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420688.


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352: Conditions to be noted on title by Registrar-General of Land, or

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

351Illegal private road or private way not to be registered

  1. No plan, deed, or instrument of any kind whatsoever whereby contrary to the provisions of this Part any private road or private way is created, recognised, referred to, granted, or reserved shall be received for deposit or registration under the Deeds Registration Act 1908 or under the Land Transfer Act 2017.

Notes
  • Section 351: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
  • Section 351: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).