Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Railways

165: Presumption as to area of Crown land or reserves used for railway, revesting of land not used, etc

You could also call this:

“Rules for land used by railways and what happens to unused land”

When a railway is built on Crown land, public reserves, or land in the common marine and coastal area, and no specific area has been set aside for it, the law assumes that the railway takes up a 40-metre wide strip of land. This strip is centred on the railway line, with 20 metres on each side. This area is considered part of the railway for all purposes.

If the government wants to reduce the amount of land used for the railway, the Minister can do so. They will publish a notice in the Gazette (the official government newsletter) that clearly describes which part of the land will stay as part of the railway. The rest of the land will go back to being Crown land or part of the public reserve it came from originally.

This law doesn’t change anything about public roads on the Crown land or reserve within the railway area. If the railway crosses or runs next to a public road, other laws still apply to how this is managed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM47750.

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164: Railways to be authorised by Order in Council, or

"This old rule about getting special permission for railways has been removed"

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166: Power to make railways, railway stations, etc, or

"The government can build and fix railways and everything needed for them"

Part 13 Railways

165Presumption as to area of Crown land or reserves used for railway, revesting of land not used, etc

  1. If out of any Crown land or public reserve or any land situated in the common marine and coastal area on which any railway has been constructed, no definite area or part of the land or reserve has been or may be set apart or acquired for railway purposes, it shall be presumed that a width of 40 metres of the land or reserve (comprising 20 metres on each side of the centre line of the railway) has been set apart or acquired for the purposes of that railway, and shall be included within the limits of it and for all purposes be deemed to be part of the railway.

  2. If at any time it is desired that any portion of Crown land or reserve so presumed to be part of any railway, cease to be part of the railway, the Minister may from time to time, by notice in the Gazette defining accurately the portion desired to be retained as part of the railway, declare that the residue of it shall again become Crown land or a part of the public reserve from which it was originally taken; and such notice shall take effect accordingly, and the residue shall return to its original status as Crown land or public reserve, as the case may be.

  3. Nothing in this section shall affect or interfere with any public road on any Crown land or reserve within the area so included in the railway, and lying along, adjacent to, or crossed by any such railway, except under and subject to this Act.

Compare
  • 1928 No 21 s 218
Notes
  • Section 165(1): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).