Road Stopping

Governing Legislation/Policy Public Works Act 1981 (PWA) - Section 116 - Stopping roads - Section 117 - Dealing with stopped roads Local Government Act 1974 (LGA) - Section 319 – General power to stop roads - Section 342 - Stopping and closing of roads - Section 323 – Crown resumption of unformed roads - Schedule 10 - Conditions as to stopping of roads and the temporary prohibition of traffic on roads Land Information New Zealand Standard (LINZ) LINZS15002 - Standard for stopping or resumption of road

PWA vs LGA Section 116 PWA Primarily used by NZ Transport Agency . In limited circumstances Local Authority can apply to the Minister to stop road under Section 116. Council must justify why S116 is more appropriate than LGA process. Decision whether to stop road under S116 rests with the Minister. Section 342 LGA. LINZ prefers that Councils use 342 LGA given requirements for public notification. In particular when there is likely to be objections to the road stopping, or matters of public access to consider.

Section 116 PWA Decision whether to stop road under s116 rests with the Minister of Lands. 10 working days prior notice to be given to the relevant Territorial Authority Information required by LINZ Full description of the road to be stopped Approved survey plan Topographic / aerial photo with boundary overlay Plan showing wider area / effect on roading network Evidence that adequate legal and practicable access is available to adjoining land Consents required under S 116(2) Draft gazette notice.

Matters considered by LINZ Status of road Current and potential public use of the road to be stopped Affect on legal access to adjoining property Public use of land severed by the stopping Reasons for the stopping Proposals for the land following the stopping

S342 / Schedule 10 - Process Section 342 – power to stop or close roads; but must have consent of Minister for Lands for rural roads Schedule 10 Requirements 1. Council to arrange survey and lodge with the Chief Surveyor and have an explanation as to why it is to be stopped and the purpose to which it will be put 2. Upon survey approval Council is required to publically notify the proposal and serve notice on all owners/occupiers of adjoining land (and have copy available at council offices) 3. Attach a notice to either end of the road to be stopped 4. If no objections, Council may proceed to stop the road by Public Notice. 5 – 8. Objection Process - 40 working days (dealt with by Environment Court) 9. The Public Notice to be registered with the Chief Surveyor (allocates a new description) 10. Notice registered with the RGL.

When to use the PWA process Road realignments Road is surrounded by one owner – road to nowhere All adjoining owners consent Adequate road access is left Non-controversial

Advantages and Disadvantages PWA Advantages No public notification No objection period Lower costs Faster process PWA Disadvantages LINZ reluctance LGA Advantages Transparency! LGA Disadvantages Higher costs Risk of objections and EC reversal Takes longer

Unformed Roads Estimated 56,000km of unformed legal roads Unformed legal roads have the same legal status as a formed legal road Definition of road: “A public highway, whether used as a carriageway, bridleway or footpath” The Crown used to hold title to all rural roads January 1973 ownership of roads in counties (including unformed roads) transferred to county councils

Case Law Re Central Otago District Council (2010) Queen Elizabeth II Square, Auckland CBD (2016) “The integrity of the roading infrastructure is of such importance to the economic and social welfare of any society that it is to be anticipated that the public right to the use of roads will be given a measure of priority when it comes in conflict with private claims” Justice Blanchard, Man O’War Station Limited v Auckland City Council 2002

How to mitigate risks Have a clear policy/information statement available for potential applicants Use the PWA if your road stopping fits within the parameters set by LINZ Have a clear “explanation” as required by Clause 1 of Schedule 1 Engage with adjoining owners early

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