Unformed Legal Roads (ULR)
Information on unformed roads, how to find them and what to do if they're blocked.
About Unformed Roads
An unformed road is one that exists in law, but does not have a formed surface - either gravel or asphalt. They may have some form of track on them either from frequent use, as a historic stock or goldmining track, or because a landowner has used it as a farm track for part or all of the way .
There are thousands of kilometres of unformed roads all around New Zealand, they are the closest thing we have to bridleways! They sometimes provide links to local forests, lakes, beaches or other areas, or even a cut through to join two sections of formed road, giving you a safe route away from busier roads. Whether it is 1 kilometre or 100 we should protect these public lands as places to ride, and simply because they are owned by the public.
Like all roads, you should assume these are shared with walkers, cyclists and possibly vehicles.
Paper Roads?
A 'paper road' is the informal name for an Unformed Legal Road ( ULR). The name comes from early roads that were not surveyed, but 'just' 'lines on paper'.
People use the term "paper road" to try to infer that paper roads are not 'real roads.'
All unformed legal roads have the same legal status as a formed road. They must be open for public access; it is an offence to obstruct a road (formed or unformed).
Finding Unformed Legal Roads
WAMS - Walking Access Mapping System This is a map system specifically set up to map public access!
Within this mapping system you can send enquiries directly to the Walking Access team if you need to clarify any points. They will check legal status or other details for free!
Some Councils also have their own GIS systems available online. If you wish to check with your Council on whether something is or is not a current legal road, ask their road assets dept.
Check before you ride! (or trespass)
An unformed road is (usually) 20m wide.. You you must stay within that boundary to be on public land. If you stray off the road you can be trespassed. It can be an unformed piece of a formed road.
You must check that it is a road, AND the actual route of the road with your local Council or use the Walking Access Maps Just because there is a track, that doesn't mean it is an unformed legal road. Using a GPS is the best way to confirm the true route of any unformed legal road.
If an unformed road is obstructed
If a gate is erected over a road, it must have:
a sign on it stating "Public Road", and
written permission from the Council to be there.
Gates MUST NOT BE LOCKED
You can request that the gate is removed.
If the gate owner makes like difficult you only need 20 local residents signatures to force its removal. -refer section 344(3) of Local Govt Act 1974 (LGA)
NOTE: A road cannot just be closed by Council. It must be legally "stopped' through a legal process that involves public notices and the environment court. see stopping a road LGA 1974What to do if you find an unformed road, but it's blocked.
If you believe there is an unformed legal road that is blocked:
Check that there really is an unformed road where you think it is.
Go to WAMs, check the GPS co-ordinates against maps.
Don't assume that a track you can see is an unformed road, or that the ULR follows a track for its entire length.
If there is a gate and you think you can identify the owner, you can approach them and see what their response is. Landowners may believe:
that the road is on their land - it's not, their land is beside a road.
that they have leased the road - you may have to work harder on this, but even a so called 'lease' which is actually a 'licence to occupy' should not prevent public access. Councils often stuff this up.
that they can stop you if they have dangerous animals, like a bull, or are worried that animals may escape when grazing their, or "Health and Safety". They cannot endanger the public, nor are they responsible for HS on a public road, and if they are concerned about stock on the road, then they should fence their boundaries.
Go to the local council and make a complaint. You should clearly identify the location, and make your complaint to the roading dept\officer.
Make sure you keep records in writing (which is why email is good). If you phone, send an email to confirm the conversation.
Give them a reasonable period to respond, but always follow up.
Use resources we've supplied below if they start making excuses for not opening the road or saying they gave someone a licence to occupy (lease).i.e. quote the appropriate sections of the legislation at them.
Be prepared to go to a Council meeting if you are stuck with officers replies - be prepared with all your info
Also be prepared for ignorant councillors, or 'mates' of the landowner. Ask if they expect laws and bylaws to be followed, or if they are prepared for this law to be ignored then what others can be?
Quote the ombudsmans decision that failure to follow the law is a summary offence.
Call in help if you get stuck.
Be prepared to go to the media, or even to corporate HQ if the land is owned by a company. Businesses breaking the law is bad PR!
Be prepared to try the police! This is a summary offence according to the ombudsman.
Getting Help
Councils can be (and usually are) very unhelpful with paper roads. They usually don't want to know, and won't help with disputes. There may even be conflicts of interest where the elected Councillors are mates with the landowner. Council's SHOULD help, but you may have to force their hand with formal complaints, and constantly be on their back. You may even have to take them to court, although this should be rare. Many Council officers don't know the legislation that relates to unformed roads. Others know, but have no interest in acting (no funding, and few enforcement powers) to act.
The Walking Access Commission can, and will help, but has no ability to enforce or require landowners to abide by the law. They rely on negotiating with landowners.
Write down what steps you've taken so far, and get on any of the advocacy groups to get help with tactics you haven't tried, or other support.
Don't be put off!
You have every right to use any road (formed or unformed). This is YOUR (public) land.
Are you allowed to block the road that services your community? No? Then why should some landowners be above the law?
A word from the Chief Ombudsman
Waitaki District Council were challenged over their inaction recently. They asked the Chief Ombudsman (2015) Dame Beverly Wakem for advice, and received an answer that they must ensure public access, and that to obstruct a public road is a summary offence.
And from the Court of Appeal
Justice Peter Blanchard when delivering the decision of the Court of Appeal in Man O’ War Station Ltd v Auckland City Council (2002)17 said:
“The integrity of the roading infrastructure is of such importance to the economic and social welfare of any society that it is to be anticipated that the public right to the use of roads will be given a measure of priority when it comes in conflict with private claims.”
This judgement makes it clear the court gives priority to rights of public access over private interests when it comes to disputes over roads.