Part 9: Level crossings

Last updated: December 2008. This document ceases to be a controlled document when printed. Please refer to the current version at www.landtransport.govt.nz

2  Responsibilities

2.6  Closure of level crossings

Many overseas jurisdictions have developed deliberate polices to reduce the number of level crossings. While New Zealand does not have a formal policy to close level crossings, it is clearly desirable to reduce, whenever practicable, the number of level crossings.

Public level crossings

To close a level crossing, the rail access provider must have an agreement in writing from the road controlling authority. This would normally have followed extensive consultation. Once it is agreed the level crossing is to be closed, public notification of the closing is arranged and the closure follows.

Private statutory level crossings

These may be closed when the consent of the adjoining owner or owners has been obtained.

When ownership of land has changed so that there are different owners on opposite sides of the railway line, or where alternative access has become available at a statutory level crossing, the purpose for which the level crossing was originally provided is no longer valid and the level crossing may be closed under section 169 of the Public Works Act 1981.

Public and private granted level crossings

With granted level crossings, a clause is usually inserted in the deed of grant giving the rail access provider the right to close such level crossings. Where there are valid reasons for closure, the procedure described in the deed of grant is followed.

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