Right of Way Driveway Laws NZ: What to Show on a Site Plan

If your property uses a right of way driveway, shared accessway, or private driveway across another property, your site plan needs to show the access arrangement clearly.

In New Zealand, a right of way is usually connected to an easement. It may give one property the legal right to pass over another property for access. Wellington City Council describes a right of way as a form of easement that gives you the right to pass over another person’s land, such as using a neighbour’s driveway. Wellington City Council

For site plans, the important issue is simple: council, builders, surveyors, and property owners need to understand where the right of way sits, how vehicles use it, whether proposed work affects access, and whether the driveway remains clear and usable.

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What Is a Right of Way Driveway in New Zealand?

A right of way driveway is an access route that allows one or more properties to use land for access. This often happens when a rear lot, back section, cross-lease property, or subdivided property needs vehicle access from the road.

A right of way may appear on a property title or survey plan and may be connected to an easement instrument. Land Information New Zealand provides guidance on creating, varying, surrendering, and removing easements under the Land Transfer Act 2017. Land Information New Zealand

Right of way driveways are common on:

  • Rear lots
  • Back sections
  • Cross-lease properties
  • Subdivided properties
  • Multi-unit residential developments
  • Properties where one driveway serves several homes
  • Sites where a driveway crosses another owner’s land

Because access is legal and practical, a site plan should show the right of way clearly whenever the project may affect it.

Why Right of Way Driveways Matter on a Site Plan

A right of way driveway can affect more than just access. It may influence parking, turning space, vehicle crossing location, drainage, boundaries, and whether proposed work could block or narrow the access route.

The Land Transfer Regulations 2018 state that a right of way includes the right to have the easement facility kept clear of obstructions, including parked vehicles, deposited materials, or unreasonable impediments to use and enjoyment of the easement facility. New Zealand Legislation

That is why a site plan should clearly show whether any proposed work could affect the right of way.

Council or reviewers may need to understand:

  • Where the right of way is located
  • Which properties use the access
  • How wide the driveway is
  • Whether vehicles can safely pass, park, and turn
  • Whether proposed structures block or narrow the access
  • How the driveway connects to the road
  • Whether drainage or stormwater could affect the accessway

If the right of way is unclear, the reviewer may ask for more information before the project can move forward.

When Should You Show a Right of Way on a Site Plan?

You should show the right of way whenever the project is close to or connected with the driveway, accessway, parking area, or legal access route.

This commonly applies to:

  • New dwellings
  • Garages and carports
  • Sheds near driveways
  • Decks or additions near an accessway
  • Driveway changes
  • Vehicle crossing changes
  • Subdivision layouts
  • Boundary adjustments
  • Retaining walls near an access route
  • Fences, gates, or landscaping near a shared driveway
  • Projects that change parking or turning space

Building Performance NZ explains that all building work in New Zealand must comply with the Building Code, and property owners should check whether building consent, resource consent, or other permits are needed before starting work. Building Performance NZ

Even if the main project seems simple, the right of way may still need to be shown if it affects site access or council review.

What to Show on a Right of Way Driveway Site Plan

A good right of way site plan should make the access arrangement obvious. The reviewer should not have to guess where vehicles drive, which lots use the access, or whether the proposed work interferes with the driveway.

Your site plan should usually show:

  • Property boundaries
  • Existing buildings
  • Proposed work
  • Right of way area
  • Easement area if known
  • Shared accessway boundaries
  • Driveway width
  • Vehicle crossing location
  • Road frontage
  • Parking areas
  • Garage or carport access
  • Turning and manoeuvring areas
  • Drainage or stormwater direction if relevant
  • North arrow and scale
  • Clear labels showing existing and proposed features

Practical tip: If the proposed work is near the right of way, show the distance between the project and the access route. This helps reviewers see that the accessway will remain usable.

Right of Way Width

Driveway width is one of the most important details on a right of way site plan. The required or existing width may depend on the easement document, survey plan, local council standards, number of users, and access arrangement.

Your plan should label:

  • The full right of way width
  • Any narrow points
  • Width near the road connection
  • Width near parking spaces or garages
  • Width where the right of way passes proposed work

If the right of way width is uncertain, survey information may be needed. If the legal access width is shown on a title plan or easement plan, it can help support the site plan.

You can also read: Accessway Site Plan Requirements in New Zealand.

Vehicle Crossing and Road Connection

A right of way driveway usually connects to a public road through a vehicle crossing. If your project changes the driveway entrance or crossing, this should be shown clearly.

Auckland Transport says vehicle crossing applications must include a detailed plan showing all property boundaries to scale, a diagram showing the proposed crossing location in relation to the closest property boundary, and detailed photos of the proposed crossing location. Auckland Transport

Your site plan should show:

  • Where the driveway meets the road
  • The existing or proposed vehicle crossing
  • Distance to the nearest boundary if relevant
  • Kerb, footpath, berm, or road edge if relevant
  • Whether the crossing is existing, new, or altered
  • Visibility near the entry and exit point

If the road connection is not shown, council may not be able to understand how access works from the street to the property.

Parking, Turning, and Obstructions

A right of way is not just a strip of land. It needs to remain usable for access. Parking, stored materials, fences, walls, bins, landscaping, or new structures can become a problem if they block or narrow the access.

Your site plan should show:

  • Parking spaces
  • Garage access
  • Turning areas
  • Reversing areas
  • Vehicle movement paths
  • Clearance around proposed work
  • Any gates, fences, or walls near the access

Because right of way easements generally need to remain clear for use, proposed work near the driveway should be shown carefully.

If a project could make turning difficult or cause vehicles to block the accessway, the plan may need more detail.

Drainage and Stormwater Near a Right of Way

Driveways and accessways often create hard surfaces. On sloped sites or long accessways, stormwater can become an issue.

Your site plan may need to show:

  • Driveway surface area
  • Drainage direction
  • Stormwater drains or channels
  • Areas where runoff could affect neighbours
  • Whether proposed work changes drainage near the accessway
  • Any drainage features connected to the driveway

A basic site plan may not replace engineering drawings where those are required, but it should help reviewers understand the relationship between the driveway, proposed work, and drainage.

Common Problems With Right of Way Site Plans

Right of way and shared driveway site plans often get delayed because access details are missing or unclear.

Common problems include:

  • Right of way area not shown
  • Easement location missing
  • Driveway width not labelled
  • Vehicle crossing not identified
  • Parking layout unclear
  • No turning space shown
  • Proposed structure too close to accessway
  • Existing and proposed features mixed together
  • Drainage information missing
  • Plan is too small, blurry, or hard to read

These problems do not always mean the project cannot proceed. They often mean the site plan does not provide enough information for proper review.

You can also read: Site Plan Rejection Fixes in New Zealand.

Right of Way Driveway Site Plan Checklist

Before submitting your site plan, check that it shows:

  • Property boundaries
  • Existing dwelling and structures
  • Proposed work
  • Right of way area
  • Easement area if known
  • Driveway/accessway width
  • Vehicle crossing location
  • Road connection
  • Parking spaces
  • Garage or carport access
  • Turning and manoeuvring areas
  • Drainage direction if relevant
  • Any fences, gates, walls, or structures near the accessway
  • North arrow and scale
  • Clear labels and dimensions

The goal is to show that the right of way remains clear, practical, and understandable after the proposed work.

Do You Need a Survey for a Right of Way Site Plan?

Sometimes. If the right of way location, width, or legal boundary is uncertain, a survey may be needed before a reliable site plan can be prepared.

A survey or legal review may be useful if:

  • The right of way boundary is unclear
  • The driveway width is disputed
  • The project is very close to the accessway
  • The easement area is not obvious on the ground
  • The title or easement instrument needs to be checked
  • Neighbours disagree about access use
  • Council asks for more accurate boundary or easement information

Citizens Advice Bureau notes that to be granted a right of way, you generally need the landowner’s agreement and should get advice from a surveyor and lawyer. Citizens Advice Bureau

For simple planning drawings, a clear site plan may be enough. For legal boundary, easement, or neighbour access disputes, professional legal or surveying advice may be needed.

Need a Right of Way Driveway Site Plan in NZ?

At NZ Site Plan, we prepare clear site plans for New Zealand homeowners, builders, and property owners who need drawings for council consent, driveway changes, accessways, right-of-way areas, shared driveways, and property improvements.

We can help show:

  • Right of way layout
  • Shared driveway access
  • Driveway width
  • Vehicle crossing location
  • Parking and garage access
  • Turning and manoeuvring areas
  • Property boundaries and proposed work
  • Accessway details for council review

Our goal is to make your site layout easy to understand, with clean labels, clear measurements, and a consent-focused drawing.

Ready to Order Your Right of Way Site Plan?

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Final Takeaway

Right of way driveway laws in New Zealand are not just about who can use the driveway. They also matter when preparing site plans because proposed work should not block, narrow, or confuse legal access.

A strong site plan should clearly show the right of way area, driveway width, vehicle crossing, parking, turning space, boundaries, drainage, and any proposed work near the access route.

For right of way driveway projects, clarity helps protect access and makes council review much easier.