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Auckland Council

Right of way and related certification

As a landowner, you have certain rights and obligations regarding approved access ways to your property.

​Who should apply for a right of way certificate

Applications are usually made by cadastral surveyors and legal professionals because the reasons for applying are legislative and technical in nature.

A right of way certificate should be used for specific technical matters under the Resource Management Act or Local Government Act that require council action, but are not dealt with through standard resource consent processing.

For example:

  • creation of a right of way under section 348 of the Local Government Act 1974
  • cancellation of an easement under section 243(e) of the Resource Management Act 1991
  • cancellation of amalgamation conditions under section 241(3) of the Resource Management Act 1991
  • certificate confirming an allotment is in accordance with the requirements of the Auckland Unitary Plan (Operative in Part) and under section 226(e)(ii) of the Resource Management Act 1991.

How to apply for a right of way certificate

As well as the completed application, we may need additional information so we can make legislative assessments. For example, we may need a Certificate of Title or the proposed plans.

 Online

Apply here online for any of the following:

Right of Way (s348 LGA)
Cancel Easement (s243(e) RMA)
Cancellation of amalgamation conditions (241(3) RMA
226 Certificate
Other non-RMA planning matters

Apply online

 By post

​Send the completed right of way request form to:

Auckland Council Building Control
Private Bag 92300
Auckland 1142

 In person

​Bring your completed application forms and supporting documents to one of our service centres, and pay by:
  • cash
  • cheque
  • Eftpos
  • Visa or MasterCard (a convenience fee of 1.75 per cent of your payment amount applies).