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Road stopping

General information | Who can apply for a road to be stopped | Process overview | Application

General information

Road stopping is the term given to removing the legal road status to that of a freehold title. We can sell this strip of land only when the road status is removed and the freehold title issued.

Road stopping occurs only where land is legal road. This includes:

  • the grass berm
  • footpath
  • actual road.

It could be that no actual road has been formed on the land and that is grassed or illegally built over by, for instance a garage or deck.

Customers wanting to apply for permanent road stopping generally have an existing need:

  • they have illegally built their garage, fence, deck on the legal road reserve or
  • they own all the adjoining properties and want to include the road in their redevelopment.

The road stopping process is governed by the Local Government Act 1974. As part of the process required under this act, the proposal to stop the road will be publicly notified at some point. Applicants are also expected to meet all our costs, including, survey, valuation, legal and LINZ costs and pay current market value for the land.

Note - We reserve the right to exercise our discretion not to sell the land at any point during the application process.

Who can apply for a road to be stopped

Normally only the immediate adjoining landowners can apply to stop a road. Any other applicant is likely to have their application declined unless they can obtain the prior written consent of all other adjoining landowners.

Only those properties immediately next to the land in question are adjoining owners. It does not include the next door neighbour who is one or more properties removed.

 Process overview

 This is a brief overview of the road stopping process:

  1. Initial enquiry into whether area of road is surplus to requirement made.
  2. Formal application put in along with signed consents from service authorities and adjoining landowners.
  3. Arrange valuation of the land.
  4. Arrange the survey of the land.
  5. Agreement for sale and purchase drawn up.
  6. Matter reported to appropriate community board and council committee seeking formal approval to the stopping.
  7. Stopping publicly notified for forty days.
  8. If objections received, matter referred to environment court or process halted.
  9. If no objections received road is then declared stopped.
  10. Land is transferred by amalgamating it into the adjoining land owners title.

Applications

To apply for road stopping you will need

To view PDFs download Acrobat Reader from the Adobe website. Further help on how to view PDFs.

Note - We cannot guarantee that applications received will be approved through all steps of the process.

Updated March 2008
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