New Zealand Legislation: Acts

15 Rights of owners of formed roads and roads under construction preserved

• (1) This subsection applies to any road that—

  • (a) is located in the public foreshore and seabed; and

  • (b) immediately before the commencement of this section, was owned by a person other than the Crown.

  (2) The ownership of a road to which subsection (1) applies is not affected by section 13 if, at the commencement of this section, the road—

  • (a) has been formed and is being used as a road; or

  • (b) is being formed.

  (3) However, a road vests in the Crown on the terms stated in section 13 if, at any time,—

  • (a) in the case of a road of the kind described in subsection (2)(a), the road ceases to be used as a road; or

  • (b) in the case of a road of the kind described in subsection (2)(b), the activities required to form the road are discontinued.

  (4) Every road to which subsection (1) applies and that, at the commencement of this section, has not been, or is not being, formed vests in the Crown on the terms stated in section 13 and is deemed to be stopped.

  (5) Nothing in this section affects section 7 or section 8.

  (6) In this section, formed has the meaning corresponding to formation in section 2(1) of the Local Government Act 1974.