Resolving Access Issues

Project: Investigation into segregation strip

The Challenge:

We were approached by an organisation that was intending to develop land to provide social housing to local Maori. Whilst the organisation had secured land and was in the process of obtaining funding for the development, it had a problem in that road access to the proposed development was prevented by a “segregation strip”, (a separately-owned area of land located between the road and the organisation’s land). The area of land was found to be “owned” by a government department, and whilst some work had been completed to try and ascertain what could be done about the “segregation strip”, neither the government department nor the organisation had the knowledge or expertise to deal with segregation strip so as to provide access to the proposed development.

Our Solution:

The legal team within TPG undertook a full investigation into the status of the “segregation strip”. We investigated the current title, the acquisition history or the land, and also considered the legislation affecting that land.

TPG recommended that the best solution for removing the segregation strip was to have the “segregation strip” declared road and vested in the local authority having jurisdiction in that area.

The government department and the local authority were both supportive of the recommendation.

The result:

Once both the government department and the local authority were “on board” with our recommendation, TPG using its accreditation to LINZ, was able to complete the necessary documentation to first have the land cleared for disposal outside of Crown ownership, and then to have the land declared to be road.

Once that had occurred, the organisation’s land and its development had direct road access. The completion of the road vesting was completed in time for completion of construction of the development.

Team Member: