Formed legal roads

The Local Government Act (s2) defines formation as follows:

Formation, in relation to any road, has the same meaning as the construction of the road, and includes gravelling, metalling, sealing or permanently surfacing the road.

Not all formed roads are public. For instance, many new subdivisions are created with private roads, which appear identical to public roads but lack an automatic right of public use.

Who can use formed legal roads and how?

All road users should follow the road code. All relevant information regarding the road code can be found on the NZTA website.

Pedestrians

• Can use footpaths, shared paths, and pedestrian crossings.
• Can cross roads unless signs or road design say otherwise.
• Cannot walk on motorways or expressways unless signs allow it.
• Must follow traffic signals and crossing rules.

Drivers

• Can drive on formed roads unless signs or road rules restrict it.
• Cannot drive on footpaths, cycle paths, or pedestrian zones unless allowed.
• Must follow speed limits, signs, licensing, and road rules.

Cyclists

• Can use cycle lanes, shared paths, and roads unless signs say otherwise.
• Can ride two abreast unless it blocks traffic.
• Cannot ride on footpaths unless under 14, with a child under 14, or have a disability permit.
• Must use lights and reflectors at night and follow traffic rules.

Horse riders

• Can use formed roads, road shoulders, and some shared paths unless restricted.
• Cannot ride on motorways or expressways.
• Should wear high-visibility gear and control their horse safely.
• Must follow general road rules and keep left.

Who manages formed legal roads?

Most roads are managed by local councils. State highways and government roads are managed by New Zealand Transport Agency Waka Kotahi (NZTA).

Road Controlling Authorities (like councils or NZTA) can:

• Close roads temporarily or permanently.
• Set speed limits and install traffic signs.
• Decide which parts of roads are for walkers, cyclists, or vehicles.

They get their powers from:

• Land Transport Act 1998
• Local Government Act 1974

More Information

• Land Transport (Road User) Rule 2004:  Pedestrian responsibilities and traffic control devices, driver responsibilities including lane use, turning, passing, and motorway rules. Specific rules for cyclists and horse riders.
• Land Transport Act 1998: Empowers Road Controlling Authorities to regulate access. It also covers licensing, safety, and driver conduct.
• Local Government Act 1974: Councils can designate parts of roads for specific uses (for instance, carriageways or footpaths).