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Not all Māori land has legal access and adding access points will usually require permissions and consents.

Access to Māori land was generally considered when the title of the land was originally issued and in many cases:

  • a roadway would have been created to give access to the land
  • there may have already been a public or private roadway servicing the land, or
  • a right of way to access land, across a neighbouring property, may have been put in place.

Over the years, subdivisions, transfers, and sales may have reduced access, or the land may no longer be accessible at all.

If your land becomes landlocked (surrounded by other land that prevents access), you'll need to negotiate and formalise reasonable access with the surrounding property owners. If you’re unable to reach an agreement with them, you can apply to the Court grant reasonable access. However, this can be a lengthy process and you may have to pay compensation to the landowner for access across their private land.

Types of access

Access to whenua can be through a variety of roadways that cross or run through the land block. These include:

  • A private road is a restricted road that isn’t owned by the council or the public. It must be maintained by the owners and beneficiaries and use of the road may be restricted to the owners of the roadway block, the owners of any blocks of land serviced by the roadway, or a combination of both.

  • A public road is an unrestricted roadway that provides access to any member of the public. These are maintained by the local council, or the New Zealand Transport Agency if the roadway is a state highway or motorway.

    A private Māori roadway on Māori freehold land can only become a public roadway if:

    • there’s enough support from the owners of that roadway for it to become public
    • the local council has agreed in writing to take over and maintain the roadway, and
    • compensation between the owners and council has been agreed and paid.

    Once satisfied, the Māori Land Court may make a recommendation to the Minister of Transport for the roadway to be declared a public road and handed over to the local authority for ongoing maintenance.

  • There may already be a formed roadway through Māori land, although there has been no formal roadway order. 

    In this case, it may only become a public roadway if:

    • there’s enough support from the owners for the roadway to become public
    • the local council has agreed in writing to take over and maintain it as a roadway, and
    • compensation between the owners and council has been agreed and paid.

    Once satisfied, the Māori Land Court may make a recommendation to the Minister of Transport for the roadway to be declared a public road and handed over to the local authority for ongoing maintenance.

  • An unformed road, also known as a “paper road, is a roadway that's been ordered by the Court and drawn on a survey map but never constructed.

    Unformed roads still have legal status. They can be constructed to access your land until they are closed and handed back to the owners of the surrounding land blocks.

    To close an unformed private road the landowner’s agreement is required.

    To close an unformed public road, agreement from the local council or the New Zealand Transport Agency (for a highway/motorway) is required.

  • A stopped or closed road is no longer needed for the purpose it was created. To stop or close an existing roadway, written consent must be obtained from:

    • the Minister of Transport, and
    • the local council.

    Landowners or representatives of the New Zealand Transport Agency or local council can apply for the returned ownership of a closed or stopped road to the original landowners.

  • A right of way allows the use of a specific route across someone else’s property to access land.

    Unlike a road, a right of way isn’t publicly accessible, and it’s not guaranteed to have a survey plan, so the area and dimensions may be unclear. Its only purpose is to allow access to property.

    The Māori Land Court can grant rights of way at the time a title is created with the consent of all landowners at that time. Until a right of way is cancelled by either party, it’s legally binding.

  • An easement is a special type of property right that allows access or use of a land block for a particular purpose, such as electricity or telephone services or access. Those requesting access do not have rights to the land itself, which is retained by the landowners.

    An easement is an agreed arrangement between two parties and usually involves financial compensation:

    • The dominant estate – the person or party gaining the benefit of the easement.
    • The servient estate – the person granting the benefit.

    The most common easements are for buried utility lines, sewerage, and water pipes or overhead power and telephone lines. They can also provide access to certain locations on the property, such as power poles and pylons.

    For example, a local council could be granted an easement to access and maintain water and sewerage pipes buried on your land, or a power company might apply to maintain power lines across your property.

     

Waka Kotahi
New Zealand Transport Agency

Visit the Waka Kotahi website. 

Ngā Kaunihera
Local Councils

Contact your local council.

Tukuna he tono
Apply to the Court

Apply to the Court online in Pātaka Whenua.