Local Government Act 1974

Roads (other than regional roads), service lanes, and access ways - Safety provisions as to roads

353: General safety provisions as to roads

You could also call this:

"Keeping You Safe on Roads"

Illustration for Local Government Act 1974

When you are using a road, the council must make sure you are safe. They have to take precautions to prevent accidents when they are building or fixing a road. They must put up barriers or signs to slow down traffic and make sure any dangerous areas are well lit at night.

If someone is doing work on a road, the council must make sure they take safety precautions too. You must not remove any safety barriers or lights without the council's permission, or you will commit an offence. The council can also ask people who own land near a road to fill in or cover any holes or dangerous areas.

The council can require people to put up a fence around their land if it is not already separated from the road by a sufficient fence. This is to keep you safe when you are using the road. The council gets to decide what kind of fence is needed.

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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=DLM420693.


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"Building near a road: you must ask the council first"

Part 21Roads (other than regional roads), service lanes, and access ways
Safety provisions as to roads

353General safety provisions as to roads

  1. The council shall take all sufficient precautions for the general safety of the public and traffic and workmen employed on or near any road, and in particular shall—

  2. take all reasonable precautions to prevent accidents during the construction or repair by the council of any road, or when any opening is made therein by the council for the repair of drains or gas pipes or for any other purpose, and require other persons doing such work to take such precautions, by erecting barriers, devices to cause traffic to slow down, or fences across any such road or around any dangerous place therein, or otherwise, and shall cause, and require other persons doing such work to cause, any such dangerous place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light, without the authority of the council, commits an offence:
    1. require the owner or occupier of any land upon which there is any hole, well, excavation, or other place dangerous to persons passing along any road forthwith to fill in, cover, or enclose the same:
      1. whenever the public safety or convenience renders it expedient, require the owner or occupier of any land not separated from a road by a sufficient fence to enclose the same by a fence to the satisfaction of the council.
        Notes
        • Section 353: inserted, on , by section 2 of the Local Government Amendment Act 1978 (1978 No 43).