49Obstructing roads: Notice to remove obstructions

### 49 Obstructing roads: Notice to remove obstructions > > (1)  *\[Section 49 Subsection (1) amended by No. 101 of 1957, s. 17 \]**\[Section 49 Subsection (1) amended by No. 55 of 1965, s. 5 \]**\[Section 49 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 2 \]**\[Section 49 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*No person shall – > > > > > > (a) make or erect any building or fence on or at the side of any road in such a manner as to reduce the width or confine the limits thereof; > > > > > > > (b) fill up or obstruct – > > > > > > > > > > (i) a drain in, under or along; or > > > > > > > > > > > (ii) a drain or watercourse made by the Minister or a council through land adjoining or near – > > > > > > > > a road for the purpose of draining that road; > > > > > > > (c) make any drain, sink, or watercourse upon or across any road; > > > > > > > (d) pull down, deface, damage, or destroy any lamp, lamp-post, milestone, kilometre post, direction-sign, wall, fence, post, or rail on any road; > > > > > > > (e) extinguish any light maintained on or beside any road for the lighting of such road or for the protection of traffic thereon; or > > > > > > > (f) in any manner whatsoever wilfully obstruct the use or enjoyment of any road. > > > > Penalty:  Fine not exceeding 5 penalty units. > > > (2)  *\[Section 49 Subsection (2) amended by No. 3 of 1964, s. 36 and Sched. 1 \]**\[Section 49 Subsection (2) amended by No. 55 of 1965, s. 5 \]**\[Section 49 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*No person being the owner or occupier of any land adjoining any road shall – > > > > > > (a) permit or suffer any hedge planted or growing on such land to encroach on such road so as to reduce the width or confine the limits thereof, or permit or suffer any such hedge in any manner whatever to obstruct such road; > > > > > > > (b) permit or suffer the seedlings, suckers, or other off sets of such hedge to encroach on such road; > > > > > > > (c) permit or suffer the branches of any tree growing or standing on such land to overhang such road in such a manner as to obstruct or interfere with the use of such road; or > > > > > > > (d) [*\[Section 49 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja47@GC2@EN) [*\[Section 49 Subsection (2) amended by No. 18 of 2020, Sched. 5, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2020-018#JS5@Ja20@GC1@EN) permit or suffer any briar, blackberry, gorse, Californian thistle, Bathurst burr (*Xanthium spinosum*), or any weed within the meaning of the [Biosecurity Act 2019](/view/html/inforce/2026-04-12/act-2019-022) , to spread from such land to, or encroach on, such road. > > > > Penalty:  Fine not exceeding 5 penalty units. > > > (3)  The road authority may give to any person making or erecting any building or fence, or causing or permitting any obstruction or encroachment, or making any drain, sink, or watercourse in contravention of any of the provisions of [subsections (1)](#GS49@Gs1@EN) or [(2)](#GS49@Gs2@EN) in respect of any road under its care, control, or management, 21 days' notice in writing to take down such building or fence, remove or abate such obstruction or encroachment, or fill such drain, sink, or watercourse; and, in default of such person complying with such notice within the time aforesaid, the road authority may take down such building or fence, remove or abate such obstruction or encroachment, or fill up such drain or watercourse, and may recover in any court of competent jurisdiction from the person making such default the expenses incurred by the road authority in so doing.