Local Government Act 1974

Special orders

Schedule 13: Conditions of fixing levels of roads

You could also call this:

"How councils decide the height of roads and listen to your concerns"

Illustration for Local Government Act 1974

When a council wants to set the level of a road, it must tell people in the area about its plan. The council will publish a notice that describes the road and the proposed level, and people can look at plans to see what this means. You can find these plans at a place named in the notice.

The council will choose a day to hear from people who do not agree with the proposed level, and this day must be at least one month after the notice is published. If you own or live on land next to the road, the council will send you a notice about the proposed level. The council will also tell you when it will hear from people who have objections.

If you want to object to the proposed level, you must write to the council and send your objection at least 10 days before the day of the meeting. At the meeting, you can explain why you do not agree with the proposed level. After hearing from everyone, the council can decide to change its plan, keep the original plan, or make some changes to it. Then, the council will tell everyone what level it has decided on and where they can see the plans. This is allowed under s 330(4) of the Local Government Act 1974.

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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=DLM425738.

Topics:

Government and voting > Local councilsHousing and property > Land use

Schedule 12:, or

"When councils improve roads, they can claim money from landowners who benefit from the changes"

Schedule 14: Provisions as to constructing or maintaining waterworks, drainage works, trade wastes systems, and drainage channels, and laying gas pipes or electricity cables, and erecting poles on roads and works not under the control of the council, or

"Rules for building or fixing roads, water, and power systems on roads not controlled by the council"

13Conditions of fixing levels of roads Empowered by s 330(4)

1

The council shall publish in the district a notice of its intention to fix the level, describing therein the road by name and situation, and the proposed level thereof, by reference to plans to be open for inspection at a place named in the notice.

2

The council shall in the notice appoint a day, not being less than 1 month after the publication of the notice, at which it will hear all objections to the proposed level by persons affected thereby.

3

The council shall forthwith after the publication of the notice serve a notice in the same form on the occupiers of all land adjoining that part of the road the level of which is proposed to be fixed and, in the case of any such land of which the occupier is not also the owner, on the owner also, so far as they can be ascertained.

4

All such objections must be in writing, addressed to and sent to the council not less than 10 days before the day of meeting hereinafter referred to.

5

The council shall hold a meeting on the day so notified, at which all persons having so made objections shall be entitled to be heard in support thereof.

6

At that meeting the council may, after considering all such objections, resolve to abandon the proposed level, or to adopt it with any alterations it thinks fit.

7

The council shall publicly notify the level so fixed, and shall in the notice refer to a plan to be deposited at the office of the council, and to be open for inspection.