ULR

50,000km of roads you can’t see

Unlike in some other countries, there is no general right of public access for New Zealanders to walk across farms or forests.  

Sometimes there are exceptions to that, such as ‘right of way’ easements, esplanade strips and access strips over the farm. But normally people cannot walk or ride across a farm unless the farmer permits them to do so.  

Another exception to this is unformed legal roads. An unformed legal road, informally called a paper road, is a parcel of land that has been legally designated as a road but has not been constructed. There is no pegging and often no formed track, gravelling, metalling, or grading. But it is still public land, not part of the adjoining farmland or forest.   

There are over 50,000km of unformed legal roads in New Zealand. That’s over 25 times the length of State Highway 1 from Cape Reinga to Bluff. Most of them are in our rural communities rather than our cities.  For instance, Southland estimates it has nearly 5000km of unformed legal roads, but Tāmaki Makaurau only has 140km. Many unformed legal roads make their way to and along our rivers. The best way to find these roads is on the Walking Access Commission’s digital maps. 

The critical point to note is that an unformed legal road is not part of the adjacent farm or forest property, although it may have been incorporated into the farm or forest operation. It is a separate public road, and from a legal perspective, no different from a formed road. It is owned and managed by the local council, not the adjacent landowner. 

Federated Mountain Clubs recently launched a campaign called “Same as State Highway 1”. The campaign aims to raise awareness of the status of these roads so that trampers and other outdoor recreationists can use them to connect their journeys.  

Most unformed legal roads are 20m wide but sometimes they are wider. In theory, people have the right to use them on foot, on horse, or in vehicles, without permission from the adjoining farm owner or anyone else.   

This may come as a surprise to some farmers and adjacent landholders. Often, they have been managing the land which makes up the unformed legal road as a part of their farm, perhaps incorporating it into paddocks.  

Farmers can put gates or cattle stops across these unformed roads for livestock control purposes, but these gates need the permission of the relevant local council. They may not be locked and must have a sign showing that they are on a public road.   

In reality, many unformed roads have farm fences, trees, hedges or even buildings on them. These can occasionally present problems when people wish to use the road. It’s hard to walk down a legal road when there is a bull standing in the middle of it. 

If a farmer or forest manager is using the unformed legal road as part of their farm or forest, it does not affect the legal right of the public to use the road. Nor does it create any legal right to occupy the road by the farmer or forest manager.  

That’s the legal position.  

On the other hand, sometimes roads are not readily usable because they are hard to find on the ground or they go across land that people cannot practically walk, let alone drive.  

Often the best solution is one that lasts, and that means one that works for everyone. Enforcing a legal right might be the right option in some instances. But ideally agreement and, possibly, compromise will avoid adjacent landholders feeling resentful or make it easier for them to manage their business.   

Local councils, which administer unformed legal roads, often face practical difficulties managing the roads. Sometimes roads are not readily usable because they are hard to find. Sometimes they go across land that people cannot practically walk, let alone drive.  

When people want access over a legal road within a farm or forest, the adjacent landholders are best to seek a long-lasting and practical solution. Normally, that solution is for everyone to talk to each other. Legal rights are important but so is finding the best way to give people good public access while protecting the environment and keeping the farm running smoothly. That may mean finding a different route to the actual route of the unformed legal road. Such a compromise solution could consider impassable obstructions, livestock, how the farm is managed and the purpose of the access (such as to reach a swimming hole, neighbouring public conservation land, or connect to another path).  

Unformed legal roads are legally the same as State Highway 1, but they are also different. They are an essential part of the network that connects New Zealanders to our outdoors. They are a crucial asset that helps us to walk and bike. They link us to beaches, along rivers, and to DOC conservation estate. In doing all these things, they keep us mentally and physically healthy. They showcase our unique environment. They are pathways that connect our rural and urban communities.  

They deserve more people knowing they exist, and they are a priceless public asset.