7.0 Part 21 Local Government Act 1974 and Schedule 5 Land Transfer Regulations 2018 Flashcards
Explain the main difference between a private road and private way, as defined in section 315 LGA
Both are on private land, but a Private road is intended for the use of the public generally, whereas a Private way is for the use of certain persons or classes of persons, not for the use of the public generally.
According to section 315 LGA, what effects do accretion and erosion have on a road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake?
- Every accretion caused by the action of the river or stream or of the sea or lake shall form part of the road.
- Where any road is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road.
Section 319 LGA sets out the general powers of councils in respect of roads. Please list any five of them.
(a) to construct, upgrade, and repair all roads with such materials and in such manner as the council thinks fit:
(b) [Repealed]
(c) to lay out new roads:
(d) to divert or alter the course of any road:
(e) to increase or diminish the width of any road subject to and in accordance with the provisions of the district plan, if any, and to this Act and any other Act:
(f) to determine what part of a road shall be a carriageway, and what part a footpath or cycle track only:
(g) to alter the level of any road or any part of any road:
(h) to stop or close any road or part thereof in the manner and upon the conditions set out in section 342 and Schedule 10:
(i) to make and use a temporary road upon any unoccupied land while any road adjacent thereto is being constructed or repaired:
(j) to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road:
(k) to sell the surplus spoil of roads:
(l) for the purpose of providing access from one road to another, or from one part of a road to another part of the same road, to construct on any road, or on land adjacent to any road, elevators, moving platforms, machinery, and overhead bridges for passengers or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.
What is the main difference in effect between stopping a road and closing a road, as provided for in section 342 LGA?
Stopping a road results in the permanent removal of its status as a road, whereas closing a road is the temporary closing of a road to traffic or a specific type of traffic
Pursuant to section 348 LGA, what must a landowner do before laying out or forming any private road or private way, or granting or reserving a right of way over any private way?
Obtain permission to do so from the Council of the district
According to Schedule 4 LT Regs, what do the following terms mean in relation to an easement?
(i) dominant land
(ii) servient land
(iii) grantee
(i) dominant land means the land that takes the benefit of the easement
(ii) servient land means the parcel of land over which an easement is registered (or the stipulated part of that land shown on a plan of the easement)
(iii) grantee means the registered proprietor of the dominant land; or the person having the benefit of an easement in gross
According to section 315 Local Government Act 1974, what effects do accretion and erosion have on a road along the bank of a river or stream or along the mean highwater mark of the sea or along the margin of any lake?
- Every accretion caused by the action of the river or stream or of the sea or lake shall form part of the road.
- Where any road is eroded by the action of the river or stream or of the sea or lake, the portion of road [so] eroded shall continue to be a road
Explain the main difference between a private road and private way, as defined in section 315 Local Government Act 1974
Both are on private land, but a Private road is intended for the use of the public generally, whereas a Private way is for the use of certain persons or classes of persons, not for the use of the public generally.
Pursuant to section 348(2) Local Government Act 1974, in granting permission to lay out or form any private road or private way, or grant or reserve a right of way over any private way, what requirements may the Council for the district impose?
s348(2): [Subject to section 347], in granting any such permission the council may
(a) impose such conditions as to [widths, levels, entrances, courses, formation, cost of formation, maximum number of buildings to be erected fronting any such private road or private way, minimum distances between any 2 buildings, position of building line, and otherwise in all respects] whatsoever [as] the council thinks fit; and
(b) require the owner or owners to whom permission is given to enter into a bond to comply with any conditions imposed by the council.
According to Schedule 4 of the Land Transfer Regulations 2002, what do the following terms mean in relation to an easement?
(i) grantee
(ii) grantor
(i) grantee means the registered proprietor of the dominant land; or the person having the benefit of an easement in gross
(ii) grantor means the registered proprietor of the servient land
In clause 2 of Schedule 4 of the Land Transfer Regulations 2002, easements are classified by reference to certain rights. List six of the seven rights referred to in the schedule.
- a right to convey water
- a right to drain water
- a right to drain sewage
- a right of way
- a right to convey electricity
- a right to convey telecommunications and computer media
- a right to convey gas
According to Section 315 Local Government Act 1974, what effects do accretion and erosion have on a road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake?
(4) Every accretion to any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake caused by the action of the river or stream or of the sea or lake shall form part of the road.
(5) Where any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road.
Section 319 Local Government Act 1974 grants Council general powers in respect of roads. Identify ten of these powers
The council shall have power in respect of roads to do the following things:
(a) to construct, upgrade, and repair all roads with such materials and in such manner as the council thinks fit:
(b) [Repealed]
(c) to lay out new roads:
(d) to divert or alter the course of any road:
(e) to increase or diminish the width of any road subject to and in accordance with the provisions of the district plan, if any, and to this Act and any other Act:
(f) to determine what part of a road shall be a carriageway, and what part a footpath or cycle track only:
(g) to alter the level of any road or any part of any road:
(h) to stop or close any road or part thereof in the manner and upon the conditions set out in section 342 and Schedule 10:
(i) to make and use a temporary road upon any unoccupied land while any road adjacent thereto is being constructed or repaired:
(j) to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road:
(k) to sell the surplus spoil of roads:
(l) for the purpose of providing access from one road to another, or from one part of a road to another part of the same road, to construct on any road, or on land adjacent to any road, elevators, moving platforms, machinery, and overhead bridges for passengers or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith.
Section 342 Local Government Act 1974 deals with the stopping and closing of roads. Explain the two differences between stopping a road and closing a road, as provided for in that section of the Act.
The council may, in the manner provided in Schedule 10, —
(a) stop any road or part thereof in the district: provided that the council shall not proceed to stop any road or part thereof in a rural area unless the prior consent of the Minister of Lands has been obtained; or
(b) close any road to traffic or any specified type of traffic (including pedestrian traffic) on a temporary basis in accordance with that schedule and impose or permit the imposition of charges as provided for in that schedule
When disposing of land not required for road, pursuant to Section 345(1) Local Government Act 1974, what four actions may Council consider taking to dispose of that land?
(a) either—
(i) sell that part to the owner or owners of any adjoining land for a price to be fixed by a competent valuer appointed by the council to value that part; or
(ii) grant a lease of that part to the owner or owners of any adjoining land for a term and at a rental and subject to such conditions as the council thinks fit; and, if no such owner or owners is or are willing to purchase the land at the price fixed or, as the case may be, take a lease of that part for the term and at the rental and subject to the conditions fixed, the council may sell or lease the land by public auction or private tender; and a conveyance, transfer, or lease under the seal of the council shall constitute a valid title to the land; or
(b) apply that part, or any part thereof, to any purpose to which the council may apply land, either under this Act or any other enactment; or
(c) grant a lease of that part, or any part thereof, for such term and on such conditions as it thinks fit for use for any purpose to which the council may apply land, either under this Act or any other enactment; or
(d) transfer that part, or any part thereof, to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility or as Crown land subject to the Land Act 1948.
