Stopping A Road - What Does It Mean?

Legal roads are not only those in regular use but also unformed roads, commonly known as paper roads. They are marked on maps and legally designated for roading purposes - even if the road itself does not exist in physical form.

To use the legal process to close either kind of road is known as road stopping.

Consideration may be given to stopping a road if it is no longer needed.

Examples might be where people or businesses want to extend their boundaries by acquiring adjoining land that has been designated for a road, or they wish to close a rarely used road that runs through their property. However, sometimes such roads, even though little used, may be the only access to a public place.

Council, in deciding if it will agree to process a road stopping application, must be satisfied the road is no longer needed, including for public walking.

Local government legislation requires that any such application to stop a road must be made public so there is opportunity for objections. In Marlborough, advertisements are placed twice in the Marlborough Express. A notice explaining what is being planned must be displayed in a clearly visible way at each end of the road that is proposed to be stopped. Forty days are allowed to lodge objections after public notification.

Others who might be directly affected, like neighbouring property owners, are also advised. Where rural land is involved, ministerial approval must be obtained as a first step.

Anyone at all may object. Council has the power to uphold an objection and reject the application for road stopping.

If the Council decides not to uphold an objection, it must send the matter to the Environment Court for a final decision.

More information and road stopping application forms can be found on Council’s under services/parking roads and transport/road stopping.