Local Government Act 1974

The following sections of the Local Government Act 1974 are important in relation to public access using unformed (or even formed) roads.  There is no legal distinction between a formed and unformed road; what people call a “paper road” is an unformed road.  However, it is important to note that there is a distinction between urban and rural roads - rural unformed roads cannot be stopped without the permission of the Minister of Lands.

I have highlighted a couple of bits that are of particular interest to those who are trying to access a paper road.  

Part 21 Roads (other than regional roads), service lanes, and access ways
319 General powers of councils in respect of roads

The council shall have power in respect of roads to do the following things:

Compare: 1954 No 76 s 170(4)(a)-(h), (j), (l)-(o); 1956 No 64 s 191A(5)(a)-(h), (j), (l)-(o); 1972 No 132 s 2

Part 21 (comprising sections 315 to 361) was inserted, as from 1 April 1979, by section 2 Local Government Amendment Act 1978 (1978 No 43).

Paragraph (a) was amended, as from 30 March 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60) by inserting the word “upgrade”.

Paragraph (b) was repealed, as from 29 April 1985, by section 39(1) Local Government Amendment Act 1985 (1985 No 60).

323 Unformed roads in the district

 342 Stopping and closing of roads

 344 Gates and cattle stops across roads

 353 General safety provisions as to roads