Paper roads what rights do landowners have to lock gates

[Timbatrader]

Their is an interesting looking paper road that Iwould like to explore CHH have locked the gate to it for safety reasons which might be valid if they were logging but I don't think they have been doing anything up their for years
does anyone know what rights they have to lock out the public to paper roads ?
I'd like to know the legal position before I ask them nicely if I can borow a key

PS anyone want to go exploring Pakihi valley behind Opotiki Bay of Plenty if I get a key

[BrentC]

They have no rights

the Local Govt act (sec 344 referring to containing stock) says that they can apply to erect a gate - but they must put a sign on the gate saying that it is a public road and they aren't allowed to lock it

Read - for reference

http://forums.gps.org.nz/viewtopic.php?t=2047&highlight=





http://www.trademe.co.nz/Home-living/Tools/Powertools/Grinders/auction-75799078.htm

Cut out one link and add your own padlock to rejoin the chain/chains

[fearless]

are you from opotiki?

ive been up some of pakihi.but dont think i went up any paper roads i ended up at a lodge at the end.

have you been up the motu?

[Bubba]

I have cut and paste a few things I came across; Sorry it's a bit long

What is a Paper Road?
Unformed roads or paper roads were created to provide frontages for sections and have a similar status to other legal roads. It is unlikely the Council will physically form the road unless it is leading to a place of significance or due to planning zone changes, this will be identified in the LTCCP. Any proposals or even the use of the paper road for property access, need to be referred to the Council. Council is unlikely to fund the work.
Paper roads, owned by the local authority, are public reserves with the legal status of a formed road. Under common law people have the right to pass and repass along these roads without hindrance. This legal stipulation also applies to cyclists. While present on surveying maps paper roads are hard to physically recognise on-site.

What’s their history?
Lloyd says most were established by the government during the latter part of the 19th and early 20th century to provide for future access to large tracts of land, however many were not laid out over suitable topography.
Most roads – including unformed roads – came into Council ownership and control from the Crown but the exceptions are, as we saw earlier, state highways which remain under Crown control.
Prior to 1892, the creation of roads was the primary means for reserving land alongside waterways for public purposes, says Dave. “While other roads were set out in anticipation of settlement and transport needs that never materialised or have since disappeared.â€

[BrentC]

• Unformed roads are generally occupied by and maintained by the adjoining owner at no cost. It is not, he adds, financially possible for the Council to fence and maintain all its unformed roads (and remember this is just Waikato District Council – other councils may differ). Where a dispute arises between neighbours Council will resolve how the land is to be used.

A lot of Councils talk rules that are non-existant and probably illegal - just to bullshit you so that you cause no conflict - the best idea is to ask for the bylaw number etc and they will cough and bluster. The Local Govt Act is very explicit - but councils ignore it.

Interestingly - the National 4WD trials we are running crosses a Paper Road that is the middle of a paddock - the local council nearly insisted that we apply for a road closure

[4wdnuts]

i know down here CHH lock the gates on paper roads when the fire risk is in very high or extreme or as you say when they are logging. it couldnt hurt to ask for a key but if its locked its usually for a reason. and yes it does suck

[Timbatrader]

are you from opotiki?

ive been up some of pakihi.but dont think i went up any paper roads i ended up at a lodge at the end.

have you been up the motu?

I have a block of bush 8 ks up the Pakihi valley about 3 k's back from my block opposite side of the valley from the main road starts at the bridge turn left after crossing the bridge the track which I have been told is a paper road, to what was a proposed settlement up a side branch of the valley map ref Easting=1986062.9,Northing=5773288.5, Longitude=177%24' 08. 98", Latitude=38%06'20. 7â€

[fearless]

does the track go into forestry or is it just bush?

might be a track that backs onto our block somewhere in there.

do you have a picture of the map?

[BrentC]

I was going to say put the S38 06 20.7 E177 24 09.0 into googlre earth - but the picture is crap - have pm'd re title - looks like legal road reserve both sides of stream to that branch the sth side going nth and south

[BrentC]

Looks like legal road reserve from Motu Road to pakihi hut as well


Pakihi road is a legal road - CHH are breaching the Local Govt act if it is chained off - I can't remember what the fine is - but ot me it sghould be no different to putting a chain across SH1 - their Solicitors have been in correspondence regarding similar roads - they have backed away fand now say that the councils locked them - does CHH still own the cutting rights or did Mr Hart sell that foest off?