Public right of access

To access a paper road you first have to find out where one exists and how to follow it. This will often require the use of a cadastral map and GPS (see our report on Hand-held GPS).

Cadastral maps show legal boundaries, including formed and unformed roads. They are held in the official land register of survey and title records managed by Land Information New Zealand (LINZ).

The public can get hold of these maps by contacting LINZ.

You can order a cadastral map online through LINZ provided you can supply a map reference. It'll cost you depending on how widely you want to distribute the map. Another option is to ask a land professional (for example, a real estate agent, surveyor or conveyancer) with access to "Landonline" (LINZ's electronic land register). Councils also have access to Landonline.

Many paper roads are not fenced off from neighbouring farmland so extra care is needed. The terrain will probably be rough - and stock might be roaming about. A common complaint of landowners is that the public doesn't know how to behave on a farm.

To avoid angering landowners, follow some basic rules when using a paper road:

• leave gates as you found them
• don't litter or damage property
• put your dog on a leash
• leave the livestock alone.

When access is barred

Your local council owns all the paper roads in your region. Councils don't have to build or maintain paper roads, which is why most are left to the local landowners to use as they see fit.

If access to a paper road is barred, then contact the council and ask them to talk with the landowner. Not all landowners are aware of how roading laws apply to paper roads, so a phone call from the council might be enough to open the way.

We came across several instances where the local council had failed to keep a paper road clear even though they are legally required to do so. Common obstructions include fences, locked gates, crops, and buildings.

It's hard for a person to force a reluctant council to mediate. You can take your complaint directly to the High Court, which can order the council to intervene, but the costs will probably be too much for you on your own.

Disputes with councils

Several paper road disputes we encountered were with councils. If a council wants to stop or alter a paper road, it must follow a process set out in Schedule 10 of the Local Government Act 1974 (See Stopping a paper road.)

Objecting to the stoppage or alteration of a paper road under Schedule 10 can cost as little as an email to your local council. But if you want full representation at the Environment Court, then you'll be up for legal fees.

Case study - the 4x4 enthusiast

Andy Cockroft (pictured right) is a 4x4 enthusiast and a frequent user of paper roads.

When Andy's local Upper Hutt council decided to "stop" a paper road and sell it to the adjoining landowners, Andy objected: "The paper road was used by hikers, 4x4 drivers, and horse-trekkers. It was of significant value to the public."

Andy was supported by a coalition of recreational users. Together they sought full representation at the Environment Court. The court considered the public value of leaving the road open for recreational use.

The court's decision: "It is our judgement that there is a public need for this section of road, and a public benefit from it continuing to have the status as a public road."

But the success of Andy's coalition came at a price: "The Environment Court decided that the legal fees would remain where they lay. We spent $29,000 to keep the paper road open."