Legal status of Tiwaiwaka Lane, Christchurch
Patrick Dunford made this Official Information request to Christchurch City Council
The request was successful.
      From: Patrick Dunford
      
    
    Dear Christchurch City Council,
This request concerns the legal status of an access road or driveway into a former CCC (now OCHT) housing complex in St Martins. As the Road Controlling Authority for Christchurch City, this information would be held by CCC.
Tiwaiwaka Lane does not have a separate title as would normally be the case with roads and therefore does not appear to be a road. Its design features make it appear similar to a driveway.
Please advise
(a) if Tiwaiwaka Lane is legally designated as a road
(b) What implication of the current legal status of Tiwaiwaka Lane is there for right of way and conflict between pedestrians and vehicles where the Lane crosses the public footpath on Wilsons Road.
Yours faithfully,
Patrick Dunford.
        From: Official Information
        Christchurch City Council
      
    
    Tēnā koe Patrick,
 
Thank you for your request for information.
 
We are handling your request under the Local Government Official
 Information and Meetings Act 1987 (LGOIMA). We have forwarded it to the
 appropriate Christchurch City Council staff, and we will provide a
 response or update within 20 working days of the date we received your
 request. Please note that the period between 20 December 2022 and 10
 January 2024 do not count as working days. This timeframe will be taken
 into account in our response, with information provided on or before 10
 February 2025. If we are unable to respond to your request by then, we
 will notify you of an extension of that timeframe.
 
If you have any queries, please feel free to contact me using the
 reference 1269504. If any additional factors come to light which are
 relevant to your request, please do not hesitate to contact me so that
 these can be taken into account.
 
If you have not had a reply within 10 working days, please email
 [1][Christchurch City Council request email]  
 
Nāku noa iti, nā
 
Jess Griffin
 Official Information Advisor
 Te Ratonga Ture me te Manapori - Legal & Democratic Services
 
 
--------------------------------------------------------------
 
 
 
 
This electronic email and any files transmitted with it are intended
 solely for the use of the individual or entity to whom they are addressed.
 The views expressed in this message are those of the individual sender and
 may not necessarily reflect the views of the Christchurch City Council.
 If you are not the correct recipient of this email please advise the
 sender and delete the email.
[2]Christchurch City Council logo
References
Visible links
 1. mailto:[Christchurch City Council request email]
 2. Christchurch City Council logo
	https://ccc.govt.nz/
        From: Official Information
        Christchurch City Council
      
    
    Tçnâ koe Patrick
 
On 21 December 2025, you requested the following information, under the
 Local Government Official Information and Meetings Act 1987 (LGOIMA):
 
(a) if Tiwaiwaka Lane is legally designated as a road
 (b) What implication of the current legal status of Tiwaiwaka Lane is
 there for right of way and conflict between pedestrians and vehicles where
 the Lane crosses the public footpath on Wilsons Road.
 
Is Tiwaiwaka Lane legally designated as a road
Under the Local Government Act (LGA) 1974 definition for road, Tiwaiwaka
 Lane is not designated as legal road. It meets the definition for a
 Private way under the LGA, and that is what OCHT applied for when they
 applied for resource consent in 2019.
 
Refer to LINZ map – Primary Road Parcels. This shows land parcels that are
 vested as road – ones within Christchurch are under the control of CCC or
 NZTA (State Highways))
[1]https://data.linz.govt.nz/mapviewer/?mv....
 
What implication of the current legal status of Tiwaiwaka Lane is there
 for right of way and conflict between pedestrians and vehicles where the
 Lane crosses the public footpath on Wilsons Road.
Pedestrians (or any other road user) on the footpath have right of way
 over drivers entering or exiting. Similarly, drivers entering/exiting must
 give way to traffic on Wilsons Road.
 
In the Road User Rule 2004 (which lays out rules applying to road users
 and to vehicles on the road), the definition of a driveway is
“driveway means a place used or appearing to be used as a vehicle entrance
 to or exit from land fronting a roadway”.
 
As Tiwaiwaka Lane is used as, and has the appearance of a driveway, it
 meets this definition. As such rules applicable to driveways are
 applicable to Tiwaiwaka Lane, such as that drivers entering or exiting
 would be subject to clause 4.4 of the Road User Rule 2004 (Giving way when
 entering or exiting driveway)
[2]https://www.legislation.govt.nz/regulati...
 
You have the right to ask the Ombudsman to investigate and review our
 decision. Complaints can be sent by email to
 [3][email address].
 
Publication of responses to LGOIMA requests
Please note: our LGOIMA responses may be published on the Christchurch
 City Council website a month after they have been responded to, with
 requesters’ personal details withheld. If you have any concerns about
 this, please contact the Official Information team on
 [4][Christchurch City Council request email].
 
Nâku noa iti, nâ
 
Jess Griffin
 Official Information Advisor
 Te Ratonga Ture me te Manapori - Legal & Democratic Services
 
 
--------------------------------------------------------------
 
 
 
 
 
This electronic email and any files transmitted with it are intended
 solely for the use of the individual or entity to whom they are addressed.
 The views expressed in this message are those of the individual sender and
 may not necessarily reflect the views of the Christchurch City Council.
 If you are not the correct recipient of this email please advise the
 sender and delete the email.
[5]Christchurch City Council logo
References
Visible links
 1. https://data.linz.govt.nz/mapviewer/?mv....
 2. https://www.legislation.govt.nz/regulati...
 3. mailto:[email address]
 4. mailto:[Christchurch City Council request email]
 5. Christchurch City Council logo
	https://ccc.govt.nz/
Things to do with this request
- Add an annotation (to help the requester or others)
 - Download a zip file of all correspondence (note: this contains the same information already available above).
 

