Plain language law

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Public Works Act 1981

Railways

169: Access to land cut off from road or separated by railway

You could also call this:

“Getting access to your land if a railway blocks or divides it”

If a railway is built and it cuts off all road access to your land or separates one piece of your land from another, the Minister must provide you with access. This can be done by building a road, access way, service lane, or a crossing between the separated pieces of land.

The Minister doesn’t have to provide access if you subdivided your land after the railway was built.

If the Minister finds that you have a different way to access your land, they can close the access they provided. They must give you at least 3 months’ notice in writing before doing this.

If you don’t agree with the Minister’s decision about access, the Minister will ask someone to talk with you and try to agree on what to do. If you still can’t agree, the nearest District Court will make the final decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM47757.

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Part 13 Railways

169Access to land cut off from road or separated by railway

  1. If the making of a railway has—

  2. cut off all access by road to any land other than Crown land; or
    1. separated one piece of the land of any person from another piece of land of that person—
        1. and the Minister has not provided access to the land so cut off or between the pieces of land so separated, the Minister shall provide access to the land so cut off or between the pieces of land so separated—
      1. by constructing a road, access way or service lane; or
        1. by constructing a crossing between the pieces of land that have been separated.

          1. No access need be provided under this section as a consequence of the land having been subdivided after the construction of the railway.

          2. Where the Minister is satisfied that alternative access has become available to any land that has been granted an access under this section, the Minister may close any access provided under this section on giving not less than 3 months' notice in writing to the owner and occupier of the land affected.

          3. If the owner or occupier of any land to which subsection (1) applies objects to any decision of the Minister under this section, the Minister shall appoint a competent person to confer with the owner and, if possible, to agree with him as to the matter in dispute; and if no agreement can be reached between the parties the matter shall be referred to the nearest District Court, and the decision of the court thereon shall be final.

          Compare
          • 1928 No 21 s 222
          Notes
          • Section 169(4): amended, on , by section 76 of the Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17).