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Public Works Act 1981

Legalisation, stopping, and exchanging of roads

116: Stopping roads

You could also call this:

“How the government can close a road and what they need to do first”

The Minister can decide to close a road or part of a road. To do this, they must announce it in the Gazette, which is a special government publication. However, before they can make this decision, they need to follow some important rules:

  1. They must tell the local councils in the area at least 10 working days before they close the road.

  2. They need to make sure that people can still get to their land, or they must get written permission from the landowners if the road closure will affect their access.

  3. If the road is a State highway, they need to get written permission from the New Zealand Transport Agency.

  4. If the road is controlled by a regional council or a local council, they need to get written permission from that council.

These rules help make sure that closing a road doesn’t cause problems for people who live or work in the area.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM47320.

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"This law explains how to officially record permission to turn private land into a road"

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117: Dealing with stopped roads, or

"Rules for dealing with roads that are no longer used"

Part 8 Legalisation, stopping, and exchanging of roads

116Stopping roads

  1. Subject to subsection (2), the Minister may, by notice in the Gazette, declare any road or part of a road to be stopped.

  2. A declaration shall not be made under subsection (1) unless—

  3. at least 10 working days' prior notice has been given to every territorial authority whose district adjoins the road or part of the road that is the subject of the declaration; and
    1. either—
      1. adequate road access to land adjoining the road is left or provided; or
        1. the owners of the land adjoining the road or part of the road consent in writing to the stopping; and
        2. if the road or part of the road proposed to be stopped is a State highway, the written consent of the New Zealand Transport Agency to the closing of the road or part of the road has been obtained; and
          1. if the road or part of a road is under the control of a regional council or a territorial authority, the written consent of that council or authority has been obtained; and

              Compare
              • 1928 No 21 s 147(1)
              • 1948 No 39 s 29(3), (3A)
              • 1972 No 132 s 8(1)
              Notes
              • Section 116(2)(c): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
              • Section 116(2)(d): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
              • Section 116(2)(e): repealed, on , by section 32 of the Public Works Amendment Act 1988 (1988 No 43).