Section Sch5-2 — Property Law Act 2007: Right to establish and maintain driveway
Text of the provision Official document
2 Right to establish and maintain driveway The owners and occupiers of the land for the benefit of which, and the land over which, the right of way is granted have the following rights against one another: (a) the right to establish a driveway on the land over which the right of way is granted, and to make necessary repairs to any existing driveway on it, and to carry out any necessary maintenance or upkeep, altering if necessary the state of that land; and (b) any necessary rights of entry onto that land, with or without machinery, plant, and equipment; and (c) the right to have that land at all times kept clear of obstructions, whether caused by parked vehicles, deposit of materials, or unreasonable impediment to the use and enjoyment of the driveway; and (d) the right to a reasonable contribution towards the cost of establishment, maintenance, upkeep, and repair of the driveway to an appropriate standard; and (e) the right to recover the cost of repairing any damage to the driveway made necessary by any deliberate or negligent act of a person bound by these covenants or that person’s agents, contractors, employees, invitees, licensees, or tenants. Compare: 1952 No 51 s 126B , Schedule 9 cl 2(a)–(d)
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →