Finding your way around land used for access

14 November, 2025 | Bret Gower

Access lots, access strips and access ways – and how they differ

In New Zealand, the legal language around land access can be surprisingly complex. If you’ve ever wondered what the difference is between an access lot, an access strip, or an access way, you’re not alone. These terms appear in different laws and serve different purposes – but they all relate to how people are entitled to move across land.

Let’s break it down.

Access Lot – Property Law Act 2007

An access lot is a separate piece of land set aside during a subdivision, designed to give multiple properties access to a public road with ownership shared between the owners of the subdivided land. Think of it as a communal driveway.

Under the Property Law Act 2007, each owner of a lot served by the access lot has the same rights to use it as they would a formal right of way. These rights are shared equally, and disputes are governed by rules similar to those for easements.

Real-world example: Imagine a row of townhouses tucked behind a main road in Tauranga. They’re all accessed via a single paved lane that runs between two houses and connects to the street. That lane is an access lot – owned jointly by the townhouse owners and recorded on their titles.

Access Strip – Land Transfer Act 2017

This version of an access strip is a legal designation used during subdivision. It refers to land set aside specifically to provide access from lots to a public road. But here’s the catch – it’s not a road, street, service lane, an access lot under the PLA or an access way as defined by local councils. Typically it is owned by one of the property owners who has access and they grant rights of way or an easement to provide access.

The Registrar-General of Land must be satisfied that the land is being used principally for access at the time of application.

Real-world example: A developer in Hamilton creates a new subdivision with several rear lots. Instead of building a road, they designate a narrow strip of land between the lots as an access strip. It’s used only for vehicles and pedestrians to reach the public road – but it’s not maintained by the council.

Access Strip – Resource Management Act 1991

This access strip is something entirely different. Under the RMA, it’s a strip of land created by registering an easement to allow public access – usually to natural features like rivers, lakes, or the coast.

It’s a tool used by councils to ensure the public can enjoy natural spaces, even when those spaces are bordered by private land.

Real-world example: In Nelson, a council negotiates with a landowner to register an easement along the edge of their property, allowing walkers to access the Maitai River. The land remains privately owned – but the public can legally use the strip to reach the riverbank.

Access Way – Local Government Act 1974

An access way is a pedestrian route created or authorised by a local council or government minister. It’s designed to help people move easily between roads, reserves, public places, or transport hubs.

Unlike the other types, access ways are part of the public infrastructure and are intended for foot traffic – not vehicles.

Real-world example: In Wellington, a paved walkway connects two residential streets, passing through a small reserve. It’s maintained by the council and used daily by schoolchildren and commuters. That’s an access way.

Why It Matters

Whether you’re buying land, subdividing property, or planning a development, understanding these access types is crucial. They affect who can use the land, who maintains it, and how it’s recorded on titles. And while they may seem like technicalities, they can have real consequences – especially if access is disputed or unclear.

Many of the rights, management and use of access lots and access strips are implied by various pieces of legislation but these are, at best, minimal rules and many property owners expect that they should have more input regarding managing ‘their’ land. Easements can allow property owners more control over how land used for access or rights of way are managed but these are difficult to impose retrospectively if the other parties are not willing to oblige you – so better dealt with at the beginning if you can.

Want to know more?

If you’re unsure which type applies to your property, it’s worth checking your title documents and speaking with a property lawyer. And if you’re planning a subdivision, your property lawyer, surveyor or planner will help you navigate which access type best suits your layout and legal obligations.

The property law team at Smith and Partners can help you work through the intricacies of the various type of access – to become a client complete the form below or call Bret Gower on 09 837 6893 or email bret.gower@smithpartners.co.nz