Unformed Legal Roads
The public has a right to use unformed legal roads, colloquially known as paper roads, to access the outdoors.
Unformed legal roads are exactly what their name suggests – parcels of land designated as legal roads but not physically constructed. They have not been gravelled, metalled, sealed or permanently surfaced by a council or NZTA. They can be a great recreational asset, providing public access to the outdoors. However, they’re often indistinguishable from private land and aren’t shown on Topo maps.
Local councils are responsible for ensuring legal access to unformed legal roads. They are not obliged to form or maintain the roads as part of their managed road network. They are not obliged to form or maintain the roads as part of their managed road network.
New Zealand has about 55,000km of unformed legal roads. Most are 1 chain wide (an imperial measurement equivalent to about 20.12m).
Your right to access unformed legal roads
Legally, unformed legal roads are no different from formed roads. As a member of the public, you have a right to pass and repass over unformed legal roads without being obstructed or hindered. Unformed legal roads are for everyone, including walkers, horse riders, and cyclists. Motor vehicle users should engage with territorial authority before accessing unformed legal roads.
The rules of the road apply on unformed legal roads, and you must consider others, including adjoining landholders and their property. Also, bear in mind that the land’s topography can make some unformed legal roads unsuitable for use.
Many unformed legal roads have had little public use, and are used by the adjoining landholder, often as part of a farm. The relevant territorial authority (district or city council) responsible for unformed legal roads may allow this use. However, it should not obstruct public use.
If the unformed legal road is unlikely to have had little public use, it may be a courtesy to advise the adjoining landholder that you intend to use the unformed legal road. If you are uncertain of who to contact, or are uncomfortable approaching an adjoining landholder, you should ask the relevant district or city council.
How to find unformed legal roads
Unformed legal roads are often indistinguishable from adjoining land, with no permanent surface. Some were formed in the past but are no longer maintained by the responsible territorial authority and have reverted to their natural state.
Use our maps to find public road parcels that don’t appear on topographic maps:
How to find unformed legal roads
What to do if you have difficulty accessing an unformed legal road
Adjoining landholders cannot legally block public access to an unformed legal road. However, many unformed legal roads are obstructed by fences, hedges or even buildings. Livestock presence can make some unformed legal roads daunting to use, and occasionally, the public might be intimidated by adjoining landowners, directly or through misleading signage.
Unformed legal roads are often used by adjoining landholders as part of existing pasture or forestry, and territorial authorities have long accepted this use. This does not create any legal right to the road in favour of the adjoining landholder, unless an agreement has been struck between adjacent landholder and territorial authority. Such agreements should not hinder public access.
Gates or cattle stops are allowed across an unformed legal road is only if:
- it is there to manage, protect and contain livestock
- the adjoining landowner gets the territorial authority’s written permission
- the gate is never locked
- there is a board attached to each side of the gate, printed with the words “Public Road”, clearly visible.
Do not damage private property on an unformed legal road.
If you have difficulty using an unformed legal road, contact the relevant territorial authority (district or city council), as they are responsible for unformed legal roads. Herenga ā Nuku may be able to mediate in some circumstances.
History of unformed legal roads
Most unformed legal roads were established in the 19th century as part of Crown settlement subdivisions. Early surveys also reserved land alongside rivers, lakes and the coast for public use. Some of these areas remained reserves, but many were surveyed as unformed legal roads. It is important to note that roads existed before motor vehicles.
More information
See these publications for more information:
Guidelines for the Management of Unformed Legal Roads — a document for local authorities and interested parties on the administration of unformed legal roads
Brian Hayes’ 2007 publication on roading law as it applies to unformed legal roads
Brian Hayes' 2008 publication Roads, Water Margins and Riverbeds: The Law on Public Access
