Skip to Main Content
Auckland Transport

Road encroachment licences or leases Road encroachment licences or leases

Auckland Transport (AT), is the council-controlled organisation responsible for the management of the road corridor. AT approval is required under s357(1) of the Local Government Act 1974. While encroachments are not encouraged, in some circumstances and encroachment licence may be granted.

Reason an adjoining owner needs an encroachment licence

You will need to apply for an encroachment licence to undertake any private works on, over or under legal road such as the land between your property’s front boundary and the road or footpath, the subsoil or airspace.

An encroachment licence is normally recorded against the Record of Title to the adjoining owner’s land as an encumbrance.

The types of encroachment that are likely or highly unlikely to be considered are explained in the Guidelines for Road Encroachment Licences (guidelines).

An application must meet the setback, clearances and other specifications provided in Appendix 1 of the guidelines for road encroachment licenses.

Additional consents from Auckland Council (building consent, resource consent and engineering plan approval) and from AT (Vehicle Crossing Application and Corridor Access Request) may also be required as a condition to approval.

AT Encroachment Guidelines and Policy

The guidelines describe the principles and requirements AT considers when processing an encroachment licence application.

Download the Guidelines for Road Encroachment Licences (PDF 45KB)

The AT Road Surface, Airspace and Subsoil Encroachment Policy provides for AT to establish and maintain guidelines for consideration of encroachment licence applications.

Download the Road Surface, Airspace and Subsoil Encroachment Policy (PDF 250KB)

The Encroachment Licence process

An encroachment licence application is distributed to multiple AT teams for consideration and feedback. When complete information has been received with detailed drawings the approval process can take 3 months. The process goes on hold while waiting for further information. Complex applications may take longer. AT requirements, requests, plan changes or engineering review will need to be satisfied before processing can recommence.

Part 1 - Prepare supporting documents

AT is not involved in Part 1.

Wherever practical, applicants wishing to use a portion of the road corridor should first attempt to use their own land, or make arrangements with other private parties.

Supporting documents required are outlined in Appendix 1 of the guidelines.

The registered owner must arrange for the preparation of plans specified in the guidelines. The guidelines are not comprehensive and additional reports/drawings may be requested during Part 3 of the encroachment process.

Please note: Building consent or resource consent documentation does not accurately reflect sufficient detail for the encroachment. A request for further information delays the processing time to assess the encroachment in relation to the boundary of the adjoining land and the legal road.

Consent from affected landowners (Frontage breach)

If your project crosses your neighbour’s boundary, adjoining owner consent will be required with the encroachment application. Completed Affected Landowner Consent form(s) and required documentation (if applicable) will need to be included with the encroachment licence application.

The application form is included in the application form section below.

AT is required to take into consideration a landowner’s common law right that the landowner adjoining a road has a right of access. The landowner’s access to a road needs to be sufficient to allow them to exercise their public right to pass and repass along the road now and in the future.

Where an encroachment crosses over in front of another landowner’s boundary AT recognises that the landowner’s frontage right must be protected.

AT can deviate from this position where the affected landowner specifically consents to a more limited form of access.

Consent from utility operators

Where an encroachment crosses over an area where existing utilities are located or are within close proximity, then consent from utility providers will also be required. This is normally presented in the form of a letter from the utility provider.

Cost of Part 1

The registered owner will need to pay for the preparation of the supporting plans and other supporting documents.

Part 2 - Apply to Auckland Transport for an encroachment licence

Only the registered owner of the adjoining land can apply for an encroachment licence.

The registered owner of the adjoining land can appoint a consultant (e.g. a planner, lawyer or other person acting on their behalf). Written authority from the registered owner is required.

Application form and how to submit

The form and details on how to pay and submit your application are provided in the section at the bottom of this page.

Cost of Part 2

Payment of the application fee is required at the time of submitting the encroachment licence application. This is non-refundable regardless of the delegated decision in Part 3.

Part 3 - Auckland Transport evaluates the encroachment application

Each application is considered against the Road Encroachment policy and guidelines for encroachment licences. Feedback and comments are collated from multiple departments at AT.

During the evaluation phase a request to consider practical alternatives may be required. This may require a re-design of the proposal.

If more information is needed to process the application the registered owner or their consultant will be asked for it. If the supporting information is not provided within three months, your application may lapse and a new application may be required.

Following consideration of the application if your application is successful a delegated decision will be made to support the application as proposed and proceed to Part 4

What happens if the application is not supported by AT?

AT will send a letter to the registered owner (or their consultant) and advise that the application has not been supported outlining the reasons why this decision has been made. There is no right of appeal to the decision, which is final.

Cost of Part 3

Every endeavour is made to capture the AT evaluation process within the cost of the application fee. An additional invoice will be raised if the cost of processing exceeds the application fee. Should the application be of such a complex nature that it will exceed our standard fee, an update will be provided.

Part 4 - Completing the legal approval process (Encumbrance and/or Licence)

AT (or their solicitors) will prepare the licence documentation and/or encumbrance documentation.

The licence and registered encumbrance key terms are provided within Appendix 2 of the guidelines for road encroachment licences.

Once the licence is executed and the encumbrance has been registered on the Record of title to the adjoining property, AT consent is formalised.

The encumbrance must be secured by a first ranking encumbrance on the Title. The encumbrance ensures that the adjoining landowner is responsible for the ongoing repair and maintenance of the authorised encroachment.

Cost of Part 4

There are fees associated with having the licence and encumbrance documentation prepared for registration against the Record of Title. These fees are not covered by AT.

You are also responsible for paying for your own legal fees to review the documents and arrange for signing.

Part 5 - Building the encroachment

Ensure the building is built according to the plans submitted to AT. Additional consents from Auckland Council (building consent, resource consent and engineering plan approval) and from AT (Vehicle Crossing Application and Corridor Access Request) may also be required.

Part 6 - Once the encroachment has been built

Once the licence has been signed and the encumbrance has been registered on the Record of Title to the adjoining property, this ensures that the adjoining owner (and future owner(s)) is responsible for the ongoing repair and maintenance of the encroachment at their own cost.

Ongoing licence fee – in some cases an annual licence fee is required to be paid to AT for the use of the road corridor. The annual licence fee is invoiced when the licence is signed and then each year in advance (unless otherwise defined).

Historical encroachments

Buying or selling a property with an encumbrance to AT

When buying a property with an existing encroachment licence, an encumbrance will be recorded on the Record of Title for the property. The encumbrance will transfer with the property and AT consent is not required.

The licence document is personal to the person who made the application. An assignment of licence will be required to transfer to the new owner. An inspection of the structure by an engineer will be required prior to approval of the assignment. If the structure is not in good repair, the new owner will be responsible for upgrading it or having it removed.

If you discover an unlicensed encroachment

AT does not have resource to licence all existing unlicensed encroachments. There are several approaches AT may take: 

  • AT may require the encroachment be removed.
  • In some cases AT may allow an unauthorised encroachment to remain if there are no safety issues and the principles and requirements in the guidelines are not compromised.
  • AT may permit the encroachment to remain and require the owner to apply for an encroachment licence.
  • AT may permit the encroachment to remain (subject to an alteration) and will require the owner to apply for an encroachment licence.

When can the encumbrance be removed

When the encroachment has been removed and the underlying land has been reinstated, evidence can be submitted and upon AT consent the encumbrance can be discharged from the Record of Title.


The following encroachment fees apply from 1 May 2021.


Fee (including GST)

Airspace Licence (Minor) e.g. canopy (no rental)


Airspace Licence (Major) e.g. architectural feature (attracts an annual rental)


Surface Licence miscellaneous (attracts a rental)


Subsoil Licence (Minor)


Subsoil Licence (Major) e.g. Ground Anchors (attracts a rental)


Construction and Maintenance Encumbrance (Minor)

Low access wall supporting a driveway (no rental)


Construction and Maintenance Encumbrance (Major)

Parking bays, paper road formations, large retaining walls, civil works


Legalise an existing encroachment


Pre-application meetings


Fee (including GST)

Major Encroachment licence - one hour meeting with AT staff at request of applicant. 


Any additional time chargeable at staff hourly rate.

Administration fee


Fee (including GST)

Amendments to existing lease/licence




Consent of encumbrance


Apply and submit your application

Application forms

Download the Encroachment Application Form (PDF 148KB)

Download the Affected Landowner Consent Form (PDF 126KB)

The application must include

  1. Completed application form
  2. Supporting documents, as outlined in the application form and in Appendix 1 of the Guidelines
  3. Payment of application fee

Auckland Council is not able to accept your application or payment.


Email the application to

The required format is PDF. 

Please attach separate PDF files of the completed application form, record of title, and each supporting document set.

Or post

Postal applications are also accepted, post to:

Auckland Transport
Attn: Technical Property Services
Private Bag 92250
Auckland 1142

If you are experiencing family violence, don't worry, the information within this pop-up won't appear in your browser's history.

Privacy policy

We’ve made asking for help safer than ever.

Join us in standing up against domestic violence and making more places of refuge across the internet.

If you, your business or your agency want to have The Shielded Site tab on your site we’ve made adding it very easy.

Click here to find out more. (WARNING: this will take you away from our shielded portal.)


If you are living in fear in your relationship or in your family, there are so many ways we can help you right now. You won’t be turned away even if you don’t have children, a NZ visa, or money. If you still have more questions have a read below and contact us when you’re ready.

I’m ready to talk now.

You can call our 24-hour support and crisis line on 0800 REFUGE (733843). Or, if you prefer, you can click here and contact us discretely through our contact form and we will email you back as soon as possible.

What will I do for money?

There are a number of benefits and allowances you may be eligible for if you are a victim of domestic violence in New Zealand. We can help you better understand your options once you make contact.

I haven’t been beaten up, can Women’s Refuge still help me?

We support women who have experienced any form of domestic violence: verbal, psychological/emotional, sexual, and financial as well as physical. In fact, psychological/emotional abuse is the most common form of domestic violence.

How much does it cost to stay?

Women's Refuge support and advocacy services are free. In the safe house, rent is usually charged once your financial situation is sorted out. Safety is our main concern. You won't be turned away if you don't have any money.

How long can I stay in a safe house?

Some women only stay a night or two, while others stay for weeks. You can talk with the advocates at your local refuge about how long you think you need to stay to ensure your safety.

I don’t live with my partner, but he is abusing me. Can you still help me?

Yes, you don’t have to be living with your partner to experience domestic violence and you can still call us.

What happens if I haven't got any clothes or food?

Women's Refuge has clothing that you can have. We’ve also got toys and books, formula and nappies. You are welcome to use our emergency food until you get your financial situation sorted out.

Will other people be there?

Safe houses usually have other women, including women with their children, staying there. Refuge advocates are around during the day.

How will I get my kids to school?

The advocates at your local refuge will help you work out transport for your children, or help with changing schools.

Can Women's Refuge help me if I stay in my own house?

Yes, we can provide all the same support and advocacy for you no matter where you choose to live. You may be eligible to access support through the Whanau Protect service.

I'm living in a rural area. Can you still help me?

Yes. Find your local refuge and they will be able to arrange support, advocacy and transport for you.

Can Women's Refuge help around issues with children?

Yes. We can provide support and advocacy around matters to do with custody, access and care.


The safest way to browse the internet if you suspect your browsing history is being monitored, is to use your browser’s private or incognito mode.

If you suspect your device has been compromised by spyware, then you should use consider using another device as some spyware may still be able to monitor icognito sessions.

To activate a private browsing session, follow the instructions below.


Open Safari > go to the File menu > select New Private Window

When finished, don’t forget to close your browser window to ensure your safety and privacy.


Open Chrome > go to the triple-dot menu (top right of your browser's window) > select New Incognito Window

Internet Explorer

Open IE > click the Tools button > select Safety > and then click InPrivate Browsing

Mozilla Firefox

Open Firefox > click the menu button ☰ > and then click New Private Window

You should see a message in the new window saying that you are now browsing privately.

When finished, don’t forget to close your browser window to ensure your safety and privacy.

Getting out

The most important thing is for you and your children to get out safely. It is important to know that leaving a violent relationship can be one of the most dangerous times for women and children so it is important to make a safety plan around leaving and keep your plans confidential. Below are some tips to help you make a plan.

  • If you can, pack a bag with bare necessities and important documents that you can leave with someone you trust. Include important documents such as passport, birth certificate, bank account details, driver’s licence, and bank cards and other things like medicines.

  • Know abuser's schedule and safe times to leave.

  • Contact us for guidance or a safe place to stay for you and your children.

Getting help

We warmly welcome all women and their children to access our support, advocacy and crisis accommodation. If you need help or have questions, use our live chat to get in touch.

making a plan

The safety of you and your children (if you have them) will be your primary concern. If you’re not ready or cannot safely leave, here are some things you can do to stay safe now.

  • Make a safety plan with the guidance of a refuge advocate.

  • Get yourself a pre-paid phone; keep it charged and safe.

  • Keep photocopies of important documents (passport, birth certificate, bank account details, medical notes, driver's licence, etc) and store these at the home of a supportive friend or family member.

  • Keep a journal of all violent incidents, noting dates and events.

  • If you can, open your own bank account and try to save some money.

  • If you have pets you are worried about, consider them in your safety plan.

Privacy Policy – The Shielded Site Application.


In this privacy policy, the terms ‘NCIWR’, ‘we’, ‘us’, and ‘our’ refer to National Collective of Independent Women’s Refuges Inc. NCIWR operates this web application at (‘this web application’).

This privacy policy explains how we may collect, store, use, and disclose personal information that we collect and that you provide to us. By using this web application you acknowledge that we may collect, store, use, and disclose your personal information in the manner set out in this privacy policy.

Collection of personal information

We may collect personal information from you when you use this web application, for example when you make a request for contact on this web application.

You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information or services. For example, we may be unable to make contact with you if you do not provide us with your contact information.

Automated collection of non-personal information

When you visit this web application, we will not add traceable elements (such as cookies, sessions, and usage monitoring software) to your browser or device.

Use and disclosure

We will not use or disclose your personal information except in accordance with this privacy policy or the Privacy Act 1993. We may use your personal information to:

  • assist in providing information and services requested by you;

  • communicate with you

Your personal information will only be made available internally for the above purposes. We will not disclose your personal information to third parties. We will only use or disclose personal information that you have provided to us, or which we have obtained about you:

  • for the above-mentioned purposes;

  • if you have otherwise authorised us to do so;

  • if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;

  • if we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions;

  • if we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of us, our customers and users, or others;

  • if we are required or permitted by law to disclose the information; or

  • to another entity that carries on the business of operating this web application.

Storage and security

All personal information collected on this web application is collected and held by NCIWR. We will endeavour to protect your personal information that is held by us from unauthorised access, use, disclosure, alteration, or destruction.

Third party service providers

This website may be hosted by one or more third party service providers (‘service providers’) who enable us to provide this web application. You acknowledge and agree that any personal information that may be collected on this web application may also be held and used by our service providers on our behalf. Any information collected will be securely sent and securely stored on a server.

Third party websites

This web application may be hosted by websites operated by third parties. We are not responsible for the content of such websites, or the manner in which those websites collect, store, use, or distribute any personal information you provide. When you visit third party websites from hyperlinks displayed on this web application, we encourage you to review the privacy statements of those websites so that you can understand how the personal information you provide may be collected, stored, used, and distributed.

Right to access and correct

You may request access to, or correction of, any personal information we hold about you by contacting us as follows:
Post:Privacy Officer
PO Box 27-078
Marion Square
Wellington 6141

To ensure that the contact information we hold about you is accurate and current, please notify us of any changes to such information as soon as possible.

Contacting NCIWR

Any emergency relating to domestic violence should be directed to 111 for New Zealand Police assistance.

If you request assistance through this website, we will endeavour to respond as soon as we can. If you require advocacy services phone 0800 REFUGE or 0800 733 843 to talk to a refuge in your area within New Zealand. All member refuges of NCIWR are listed on our main website ( If you do visit the Women’s Refuge Website, please note that it is a traceable site so we recommend you use the online safety tips found on this web application to visit safely.

Advocacy services are available at member refuges. Your call and information will be treated in confidence and privacy.

Changes to our privacy policy

We reserve the right, at our discretion, to alter this privacy policy at any time. Changes to this privacy policy will take effect immediately once they are published on this web application. Please check this privacy policy regularly for modifications and updates. If you continue to use this web application or if you provide any personal information after we post changes to this privacy policy, this will indicate your acceptance of any such changes.

This privacy policy was last updated on 6 October 2015.

If You’re In
Immediate danger

If you fear for your safety:

  1. Run outside and head for where there are other people.
  2. Ask someone to call 111
  3. If you have children take them with you if you can
  4. Don't stop to get anything else