"Road stopping" is the term given to changing land with the legal status of road to a freehold title.
Road stopping occurs only where land has legal road status, which can include unformed roads (often referred to as “paper roads”).
Customers wanting to apply for road stopping generally have an existing need, eg:
- they have illegally built a structure, fence or deck on the legal road corridor (berm, footpath and road);
- they own all the adjoining properties and want to include the road in their ownership.
Before any road land can be stopped, Auckland Transport (AT) will need to confirm the road is no longer required for transport purposes and carry out the necessary road-stopping processes, including removing the road status of the land so that it is no longer subject to laws relating to roads, eg. public access.
The road-stopping process is governed by either the Local Government Act 1974 or the Public Works Act 1981.
You, as the applicant, are required to pay current market value for the land defined by registered valuation and meet all AT's reasonable costs during the process. These costs include (but are not limited to) land survey, valuation, public notification costs, legal and Land Information New Zealand costs, as well as staff processing time. Costs will be invoiced to you on a monthly basis as the work is done.
Note: AT reserves the right to exercise its discretion not to stop the road land at any point during the application process.
Who can apply
Only the immediate adjoining landowners can apply to stop a road. You are likely to have your application declined unless you can obtain the prior written consent of all other adjoining landowners (and service/utility authorities if any of their utilities are affected).
Only those properties immediately next to the road to be stopped are adjoining owners. The next door neighbour who is one or more properties removed is not considered an adjoining owner.
Application process for road stopping
Step 1. Initial enquiry
In some cases, the adjoining landowner may need to check if a road stopping application would be viable. Please email email@example.com to enquire if the area of road can be considered for a road stopping.
Step 2. Submit a formal application
If the initial enquiry is confirmed by AT, then you can submit a formal application.
Required with your application:
- Download the Road Stopping Application Form (PDF 153KB)
- Download the Affected Landowner Consent Form (PDF 126KB)
- Signed consents from utility providers (if any of their utilities are affected)
- Application fee of $1,000 (including GST) to be paid when submitting the application. A paid tax invoice will be issued when payment is received.
Payment can be made by internet banking – details are on the application form.
Email your application to firstname.lastname@example.org
- Requirement format is PDF
- Attach separate PDF files of the completed application form, Record of Title, and other document sets.
Step 3. Approval process
- AT and Auckland Council consult about future use of the legal road to establish whether there is any reason it cannot be stopped and what, if any, conditions are required.
- A survey plan of the affected land area to be amalgamated with the your land is prepared (at your cost).
- Valuation of the land arranged (at your cost).
- AT’s Board supports or declines the request to initiate the road stopping process.
- If the road is in a rural area, consent from the Minister of Land Information New Zealand is required.
- Notices of Closure are advertised in the New Zealand Herald, at your cost (opportunity for objections).
- Notice is affixed to the site announcing the stopping until the objection period closes (40 days).
- If objections are received, the matter can be referred to the Environment Court. AT will not take proceedings to the Environment Court, which means the process is halted.
- If no objections are received, AT places a notice in the New Zealand Herald declaring that the road is stopped.
- AT obtains a registered valuation of the property to offer. If you agree to purchase at the valuation sum, settlement is reached. If you refuse to purchase the land, you will still have to meet all costs incurred to that date.
Note: There is no guarantee that applications will progress through all the stages of the process and that the road will be stopped.