3Creation of highways by the Crown

3 Creation of highways by the Crown

(1)  Whenever any land of the Crown reserved or acquired for a highway is opened to the public, the Governor shall, before the opening thereof to the public, or as soon as possible thereafter, by proclamation, notify the dedication thereof and the boundaries of the highway.

(2)  A proclamation under this section may, in an appropriate case, be combined with a proclamation under section 7 of the Roads and Jetties Act 1935 .

(3)  The Director-General of Lands shall record every such proclamation in the proper records in his charge and shall notify the council within the district of which the highway affected lies.

(4)  No highway hereafter opened over land of the Crown shall vest in any highway authority, notwithstanding any enactment to the contrary, until the dedication thereof is notified pursuant to subsection (1) .

(5)  No reservation of Crown land or acquisition of land by the Crown for highway purposes shall, of itself, create a highway over that land.

(6)  No use by the public, whether before or after the commencement of this Act, of land of the Crown for passing and repassing shall be deemed to create any highway over that land, except where the land is reserved for the purpose or has been so used instead of land nearby so reserved, in which case dedication shall be deemed whenever it would be deemed in the same circumstances over private land.