Some legal roads in the Waikato district were planned on paper but never built. Adjoining landowners can apply to use the land on which these “paper roads” sit.
Council owns a large portfolio of unformed legal roads in the Waikato district.
Council will:
- consider applications to use unformed legal roads
- decide when to construct a road
- consider applications to have a road stopped
- decide when to sell a stopped road
Council does not:
- maintain unformed legal roads as part of our managed road network
- have an obligation to construct a road at the adjoining landowner’s request
Accessing unformed legal roads
How to prevent trespassers
The public is allowed to access all formed or unformed legal roads.
It can be difficult to see where an unformed legal road ends and the adjoining property begins. To show the boundaries of your property, put up signposts or fencing on the boundary.
Be aware: Landowners are responsible for the full cost of fencing next to a legal road. In this instance, the Fencing Act 1978 does not oblige Council to pay for half of the cost of a fence on the road boundary.
If people are still entering your property and your property boundaries are clear, follow the guidance set out in the Trespass Act 1980.
Permission to work on an unformed legal road
Ask Council for permission before you work on a public road or berm. This applies even when the road is unformed.
You will need to ask for permission to:
- place utilities under the road
- dig on the road or berm
- build a fence or install a mailbox
- construct a vehicle entranceway
Permission to access the road corridor
Forming a road
If you want to construct a road or accessway on an unformed legal road, contact Council first. We can discuss your proposal before you start any applications.
info@waidc.govt.nz.
Tip: Put 'unformed legal road' in the subject line of your email.
Applying to have a road stopped
If there is an unformed legal road adjoining your property (or running through it), you can apply to have the road stopped. Council may agree to stop the road and sell the land if it is no longer required for road purposes.
Apply to change a road's legal status (road stopping)
Applying for a Licence to Occupy
A Licence to Occupy allows you to use the land in a way that does not prevent access by the public.
It may allow you to:
- utilise the land
- place a gate or cattle stop on the road
Be aware: It will not allow you to place a structure or a locked gate on the road.
How to apply
To apply for a Licence to Occupy, email info@waidc.govt.nz.
Remember to include:
- your address
- a map and sketch of the area
- what you propose to do on the land
Tip: Put ‘unformed legal roads’ in the subject line of your email.
Related legislation
Who to contact for more help
Talk to our Strategic Property team. We can help with your application for a Licence to Occupy or stopping a road.
info@waidc.govt.nz
Tip: Put ‘unformed legal roads’ in the subject line of your email.
(Optional)
Thanks for your feedback!
Last updated 5 June 2026, 08:57 am