Road frontages - notices under section 93 of the Transit New Zealand Act 1989

Road frontages - notices under section 93 of the Transit New Zealand Act 1989

Background

Example of a road frontage
Example of a road frontage

Due to the mandatory requirements of the former s321 of the Local Government Act 1974 (LGA) (now repealed), LINZ had adopted the practice of monitoring road access/frontage requirements, before depositing plans and issuing titles for land in subdivisions.

As a consequence, monitoring by LINZ previously included consideration of s93 TNZA, which deems a state highway limited access road not to be a road, for the purposes of a subdivision. If access from such a road is necessary, consent is required in the form of a s93 Notice.

Current position

Following the repeal of s321 LGA on 1 August 2003, LINZ is no longer authorised to requisition a subdivision plan on matters relating to access or road frontage. Once a plan is deposited, records of title may be issued for the new allotments regardless of whether or not road frontage or access is provided.

Under s106 of the Resource Management Act 1991, it is the responsibility of the Territorial Authority to determine what, if any, provision for road frontage or access is required in a particular case. This includes any issues concerning limited access roads and related compliance requirements under s93 of the TNZA.

Accordingly, if a plan approved by a Territorial Authority is presented for deposit, LINZ must assume that any issues concerning road frontage or access have been resolved to the satisfaction of the Territorial Authority.

Any queries concerning such matters should therefore be directed to the Territorial Authority and/or the New Zealand Transport Authority as the case may require.

Last Updated: 12 November 2018