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Paper roads

Updated: 05 Sep 2007
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Introduction

Paper roads - roads that are legally established but not necessarily formed - are a source of debate between landowners and users.

Recent discussion over public access to the great outdoors has put paper roads in the spotlight. Legally you have the same access rights to a paper road as you do to a sealed road - but landowners aren't always cooperative.

We take a closer look at paper roads, and the issues surrounding the access debate.

What is a paper road?

A paper road is a road that is legally established and recorded in survey plans - but which hasn't necessarily been pegged out. Paper roads often border or cut across private land. They can be key points of entry to nationally treasured resources (forests, parks, rivers, coastlines, and lakes).

The current debate about public access to the great outdoors (see Accessing the outdoors) has put paper roads in the spotlight. Some landowners are concerned that greater use of paper roads will lead to a loss of privacy - with an increase in rubbish, erosion, and injury to livestock on adjoining private land.

These concerns have led some landowners to block public access completely, which is illegal.

Why are they there?

The majority of paper roads were established in the early days of settlement - in particular, in the period of provincial government (1854 to 1876). Before a piece of Crown land was sold into private hands, surveyors marked out a road to border or cross the property. The demand for land exceeded the availability of surveyors so - rather than stall the settlement of New Zealand - roads were drawn directly on to survey plans. These "paper roads" are legal roads, but many have never been built.

Unformed roads were also traced alongside waterways (the coast, rivers and lakes).

Paper roads like these were meant to provide for future access to natural resources set aside for public use. "Road" was just a useful name for publicly reserved land; no one really intended to build these paper roads.

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

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."

Private rights

Some landowners are unsure whether tracks on their property maps are legal paper roads. And many paper roads are so much a part of the surrounding farmland that they've never been considered a public thoroughfare. A council order to remove an obstruction on a once-secluded part of the farm can be hard to take.

For landowners with a paper-road problem, one of the first steps is to find out the status of the road (formed or unformed) depicted on the cadastral map of your property. It may not be a paper road at all. If it does prove a paper road, and you're concerned about public access, you should discuss the matter with the council.

Locked gates, fences and other obstructions across your paper road need to come down if the public want access. A good number of paper roads don't lead to anywhere of interest and others are too rough. If your paper road falls into either category, its unlikely eager drivers or walkers will want to use it.

Going with the flow

There's also room for negotiation. It may be possible to alter the traffic flow so that people don't come through the main part of your property. Most will be heading for a beach or river, so you could provide another access point along a well-formed route.

The same laws apply to paper roads as for city streets. Intentional damage to your property is a criminal offence. Failing to leave stockgates as they're found or not keeping a dog on a leash - and other negligent behaviour - is covered by the Trespass Act. Even so, it won't pay to let your prize ram roam free on the paper road.

If you have ongoing problems with users of a paper road, then you should refer them to your local council or, in extreme cases, the police.

Licence to occupy

Purchasing or "stopping" a paper road is complicated. It may take months for you to acquire the most basic paper road - and that's assuming there are no objections to the stoppage. (See Stopping a paper road for the process involved.)

If you want to have some control over a paper road that doesn't border your property, then you can apply to your local council for a "licence to occupy". The licence will allow you to graze the paper road, but it doesn't allow you to block public access. If the paper road borders your property then a "licence to occupy" isn't useful. You should already be able to graze the land it intersects.

We found licences to occupy varied.

  • South Taranaki District Council gives out "fencing permits" rather than licences to occupy
  • Waikato District Council charges a $100 application fee
  • Franklin District Council states that a licence to occupy allows you to "exclude access to the public" - which seems more like exclusive use to us.

If you're going to apply for a licence to occupy, make sure you ask your council exactly what it covers.

Case study - the landowner

Beaven Booth

Beaven Booth (pictured right) owns a Wairarapa vineyard - which is in a region with 610km of paper roads.

Beaven's property is bounded by two formed roads. Some maps depict an extension linking the two roads through the centre of the vineyard. Every so often a confused motorist turns up looking for a sealed shortcut through to the road at the back of Beaven's property.

The extension on the map doesn't follow any visible path but Beaven's concerned that it may be a paper road with full public access. The last thing he wants is people traipsing through the heart of his property: "Public thoroughfare might help spread the grapevine disease phylloxera, which we don't have yet. But our main concern is the loss of tranquillity."

Beaven says that there is little he can do if it is a paper road: "I would probably put a gate across the access point and padlock it shut until the council ordered me to open it."

Stopping a paper road

Stopping or altering a paper road requires following the process set out in Schedule 10 of the Local Government Act 1974.


Accessing the outdoors

Walking Access Consultation Panel

Public access to the outdoors prompted the government to set up a Walking Access Consultation Panel two years ago.

The panel was to determine what constituted "fair and reasonable access on foot to and along coastline and rivers, around lakes and to public land". It reported back to the Minister of Rural Affairs in March 2007. Paper roads are just one small strand in a debate about public access to New Zealand's great outdoors.

The panel suggested two possible remedies for disputes about walking access over unformed roads.

  • Paper road disputes could be referred to district courts to settle on a case-by-case basis; or
  • Local councils' duty to keep paper roads open could be made more explicit, in exchange for the ability to pass bylaws and restrict inappropriate use - especially by 4x4s - to certain paper roads.


The panel has also asked the government to consider whether or not a comprehensive map of all paper roads should be created for the public. Other recommendations include signposting and marking popular paper roads so they're easier to find.

Te Araroa Trust

The Te Araroa Trust aims to have a "long pathway" from one end of New Zealand to the other over 2600km of continuous track by 2008. This pathway depends on regional walkways, Department of Conservation trails, and paper roads.

Project CEO Geoff Chapple says that public access to paper roads allows the long pathway to move through otherwise impassable blocks: "From time to time, the trail comes across a paper road that traverses private property. The existence of a paper road means that we can negotiate with the landowner and find a passage through."

Geoff believes public access to the New Zealand landscape is vital: "To experience the physical lie of the land is important in itself. I hope that when people walk the Te Araroa trail - or parts of the trail - they view it as a significant achievement."

Our view

  • District councils need a better way of resolving paper-road disputes. We'd welcome a law that required councils to intervene when there are disputes between landowners and recreational users.

  • Landowners should attempt "friendly" negotiations with recreational users as early as possible. If a paper road crosses an inconvenient part of your property, then try to find a more reasonable route to the same destination.

  • Be considerate when using a paper road. Landowners are less likely to attempt to bar future access if you minimise your impact on the surrounding property.


More information


Report by Luke Harrison