Unformed Legal Roads

You must check the actual route of the road with your local Council, or use the Walking Access Mapping System (WAMS).

• Handheld GPS devices are the best way of ensuring you are on the road if it is not surveyed, and clearly marked.

• A track doesn't mean it is a road. Frequently farm or other tracks deviate from an unformed road, due to obstacles. You must not!

• If you stray off the road you can be trespassed.

• Either the whole length, or part of a road may be unformed.

If a gate is erected over a (paper) road:

• It must have a sign on it stating "Public Road", and

• the landowner must have written permission from the Council to have erected the road.

• it must not be locked - you still have access on the road (remember to stay on the road!)

• you can request that the gate is removed - you need 20 local residents signatures (refer section 344(3) of LGA)

Adjacent landowners MUST NOT fence across a road, nor obstruct it in any other way. If you are stopped from accessing an unformed legal road you can ask the local Council roading dept to ensure it is unobstructed.

It is a summary offence to obstruct a road.

Fortunately, this is getting better, and some Councils are now proactive and others recognise that they need to bite the bullet and support the law, rather than supporting the illegal obstruction of roads.

The Walking Access Commission can help, but has no ability to enforce the law. They rely on negotiating with landowners.

Don't be put off.

You have every right to use any road (formed or unformed). This is YOUR (public) land.

Example of Horowhenua Council dismissing the status of an unformed legal road as "a stock route" WAMS map showing that Donnelly Rd is in fact a legal unformed road.