“Off the beaten track” takes on a whole new meaning when it comes to the approximately 55,000 kilometres of “paper roads” which criss-cross the country.

A paper road (or unformed legal road) is a legal road that exists on a survey plan and in local authority records but, has not been formed. They often run through or adjacent to private land, may have been created some time ago (during early surveying and subdivision) and are not always identifiable on the ground. Even if you can’t see them, they’re still public land.

Paper roads carry legal rights and obligations that can affect landowners. Local authorities retain control over these roads and can:

• grant licences to occupy;
• impose conditions on use or development;
• allow for public access; and
• require the paper road to be maintained by the landowner.

The impact of a paper road depends on how the surrounding land is used and what is within the road corridor. Paper roads might not show up on regular maps and can be hard to spot. If you miss them, you could face unexpected costs, delays, or safety problems.

Key considerations

Access rights

Private landowners cannot assume full and exclusive control over the land where a paper road exists. The presence of a paper road introduces obligations to respect legal rights of passage. These rights may be exercised by councils, neighbouring landowners or members of the public. These access rights should be taken into consideration when planning for the use of the land.

Private landowners cannot occupy or encroach onto the paper road corridor, nor impede their use, unless permitted by the local authority. A licence is required for any encroachment, such as for forestry or horticultural use. As the planting of trees or placing of infrastructure on a paper road can obstruct public access, which councils are obliged to maintain, local authorities will often not approve any such obstruction across the full width of a road and will only grant licences where reasonable access for vehicles and recreation is preserved.

Paper roads may run through or be adjacent to private land that is used in a way that can create a danger to the public (eg a quarry or a forest, when harvesting). Unplanned entry onto paper roads by third parties introduces serious health and safety risks. Recreational users, neighbouring landowners or utility workers exercising their legal right of access through a paper road may unknowingly enter dangerous zones. Due to the obligation to allow public access, entry cannot simply be blocked without approval.

Planning must account for these rights of passage and could involve installing clear signage to warn the public of active work sites and implementing controlled sites and to manage safety.

Consequences of breaching access rights

Any encroachment on paper roads without approval, including planting trees or restricting passage, risks enforcement actions, fines or legal disputes. In a forestry context, any trees planted within the paper road are affixed to the land and belong to the local authority. Beyond legal consequences, non-compliance can halt harvesting, force costly clearance work and damage relationships with the local authority.

Stopping a paper road

Although paper roads are legally recognised as public roads, applications can be made to have their status removed. There are two ways this can occur:

1. a road stopping process may be applied for under the Local Government Act 1974. This process involves public notification, consultation, and consideration of objections; or
2. the Minister for Land Information may stop a road under s 116 of the Public Works Act 1981.

The decision to stop a road is weighed on whether the need for public use is outweighed by the need for stopping. Applicants seeking to stop a paper road must meet all associated costs, and approval is considered on a case-by-case basis.

Do your due diligence

Don’t overlook paper roads when you are looking to purchase. Contact us to help you find them early so that you can plan accordingly, avoid problems later down the line and keep your work on track.

Special thanks to Alexandra Johnson and Samantha Johnston for their assistance in writing this article.