Gates and fences on unformed legal roads
Councils manage unformed legal roads for everyone. People who own land beside these roads cannot treat the roads as their own. This is true even if they have farmed the roads for many years. The public has the right to use a road even if no one has travelled on it for a long time.
These guidelines do not replace the law or the council’s own policies and bylaws. Contact the council first if you have questions about a gate or fence.
Gates and cattle stops
- An adjoining landowner can put a gate or cattle stop across an unformed legal road to control stock, but they must first get written permission from the council. The rules are in section 344 of the Local Government Act 1974 and the Gates and Cattle Stops Order 1955.
- A gate across a road must not be locked.
- A clear sign saying “Public Road” must be placed on both sides of the gate.
Fences
- A landowner can put a temporary fence across a road to control stock if the council agrees. The fence must not stop people from using the road.
- Different rules apply to fences beside a road. Under section 353 of the Local Government Act 1974, a council can require a landowner to fence the road boundary or a dangerous place. It can do this when a fence is needed for public safety
Things that block the road
- Fences, locked gates, buildings, and trees can block a road. They can be a problem if the council has not approved them.
- Putting up a structure without approval is an offence under section 357 of the Local Government Act 1974. Councils must keep roads clear and can order people to remove anything blocking them.
- Under section 133 of the Public Works Act 1981, roading authorities can also require landowners to cut back plants that block or damage a road. Police will act only in rare cases. Before acting, they must give a clear and specific warning under section 22 of the Summary Offences Act 1981.
Council permission has limits
- An approved structure must not be a nuisance or stop people from using the road.
- Council permission should be for a set time. The council should also be able to cancel it.
Stock on the road
- Under the Impounding Act 1955, stock can be impounded if they block a road.
- A council can decide not to apply this rule where grazing causes little inconvenience or danger.
- It must make this decision in a public resolution.
- The council must also put up signs warning people about stock on or near the road. It can still require gates or cattle stops.
Who to contact if you come across an obstruction
Contact the council first if you have questions about a gate or fence. Contact the Outdoor Access Commission for advice or support if you encounter a fence, gate, or other obstruction that impedes public access to the outdoors.
LGNZ list of all councils and their websites
Contact the Outdoor Access Commission
Source: Guidelines for the Management of Unformed Legal Roads, 2nd edition, section 6.3
Hinerua Rd, 2011