Buying property near the railway
If you are considering the purchase of a property adjacent to the railway or with a private access over the rail corridor, this section provides answers to questions you may have about fencing, encroachments, noise and level crossings.
Developing land near the rail corridor
If you already own land adjacent to the rail corridor, or are thinking of purchasing with development in mind, this section provides answer to key questions about what restrictions there might be, and the process to secure ONTRACK’s consent for your proposed development or activity.
Long-term plans for the Railway
This section contains answers to common questions about the way ONTRACK protects its rail corridors for future use.
Maintaining the Rail Corridor
If you have questions about the way ONTRACK manages graffiti and vegetation issues of if you need to report a problem this section provides some answers.
What should I check before I purchase a property?
Check the property boundaries and make sure that any fences align with the boundary, and that any buildings or other structures are within the property boundaries you have acquired. There are numerous cases around the country where buildings, particularly sheds and garages, are partially located within railway land because a previous owner may have shifted fences. Your local council should be able to provide you with access to aerial photographs overlaid with the property boundary. Some councils have this information available through their website.
Do I need ONTRACK’s permission for any buildings or structures that are partially on railway land?
Yes, this is known as an encroachment and requires a Licence to Occupy from ONTRACK. The Licence to Occupy provides a temporary right to encroach onto ONTRACK’s land. Should ONTRACK require the use of the land, the Licence to Occupy will be withdrawn with notice requiring all structures to be removed.
Any new structures or buildings that are to be built as part of a licence to occupy should be able to be relocated.
Do I have to fence the boundary with railway land?
No, there is no general requirement to fence the boundary with railway land. However you should remember railways lines are dangerous places and it is advisable to erect and maintain a suitable fence to stop children or pets from entering the rail corridor.
Farmers should also be aware that by law they must prevent stock entering the railway corridor.
Who pays for and maintains fencing on the boundary with railway land?
The adjoining property owners have sole responsibility for fencing the rail corridor. ONTRACK enjoys an exemption from this responsibility under the Fencing Act 1978 and therefore is not required to contribute to the costs of erecting or maintaining fences within the rail corridor.
If access to the property is across the tracks by way of a private rail level crossing, the crossing must be authorised by a Deed of Grant in the name of the current owner before they are permitted to be used.
Do I need ONTRACK’s permission to use an existing private level crossing to access the property?
Yes, when a property changes hands the new owner must apply to ONTRACK for a Deed of Grant to legally use the crossing.
What is a Deed of Grant?
A Deed of Grant is a written agreement between ONTRACK (the Grantor) and the person requiring access over the railway (the Grantee) who is usually the adjoining land owner. It sets out the responsibilities of each party and the location along the railway line where the Grantee is permitted to cross the railway. Such rights are granted pursuant to Section 35 NZ Railways Corporation Act 1981, an Act that empowers the Corporation through ONTRACK to grant rights over, or under, any railway land subject to such conditions and payments of rent as the Corporation thinks fit
Does a Deed of Grant give me permanent access to my property?
No, a Deed of Grant can be terminated by ONTRACK with three months’ notice period if the crossing needs to be closed. A crossing may need to be closed due to changing factors such as increased train speed or train movements on the line which renders the crossing to be unsafe; or if the crossing impedes development plans for the line such as the creation of an additional line; or due to vegetation growth on adjoining land the safety viewlines cannot be maintained.
Prospective purchasers should check if there is an alternative vehicular access to the property and, if not, consider whether one could be created by negotiating with neighbouring property owners.
If I sell my property do the crossings rights pass automatically to the next owner?
No. The new owner must apply for a new Deed of Grant to cross the railway. It is possible that the new owner might want to use the property for a different purpose that could affect the safety of the crossing place. ONTRACK will consider assigning a Deed of Grant to the new owner if the current Grantee makes an application in writing, but the right is not automatic.
Can I subdivide a property if its sole access is over a private level crossing?
Only your local Council has the authority to grant or refuse resource consent to subdivide a property. However ONTRACK may be consulted as an affected party under the Resource Management Act 1991 for any such application. ONTRACK has a policy of minimising the number of private level crossings and may oppose an application in these circumstances. You are advised to contact a Resource Management Act Advisor at ONTRACK to discuss any subdivision plans as early as possible.
Do I need ONTRACK’s permission to use an existing private level crossing for commercial access?
Yes. If your current Deed of Grant does not allow for commercial vehicle use you will need to apply to ONTRACK for a new one. ONTRACK can then assess whether your current crossing is designed for increased or commercial traffic. Not all crossings are designed for heavy vehicles.
Who is responsible for safety at crossing places?
At crossing places, personal safety and management of the crossing is a joint responsibility between ONTRACK and the Grantee. It is ONTRACK’s responsibility to ensure that the railway infrastructure is safe to use, but it has limited control over the behaviour of the persons using them. The Grantee of the agreement is responsible to ensure that their family and anyone they invite to use the crossing place does so in a safe manner. The Grantee is also responsibile for ensuring there is adequate signage.
Why must the Grantee meet the costs of maintaining crossing places?
ONTRACK receives no benefit from the presence of crossing places, yet their cumulative effects add significantly to its costs of monitoring, maintaining and administering the railway network. In addition, each crossing place potentially increases the safety risk to trains. For the railway network to remain sustainable, such costs must be met by the Grantee which is the party, who receives the sole benefit of using the crossing.
Who do I contact if I require advice about a Deed of Grant or crossing place?
If you require advice about your Deed of Grant or your responsibilities in respect of a crossing place, please contact the Leasing Team, within the Property Section of ONTRACK.
E-mail: ontrack@ontrack.govt.nz (to confirm)
Phone: 04 495 3000
Fax: 04 498 3331
Post: Wellington Railway Station, PO Box 593, Wellington 6140
How much noise can I expect living near the railway?
This is dependant on the individual railway line and the nature of your property (presence of noise insulating material, proximity of living areas to the railway line and presence of other noise sources in the area). Noise sources will include:
Passing trains - Noise from passing trains is intermittent and people find that they become quickly accustomed to it. However trains do move around the rail network day and night and some railway lines are very busy, particularly in Auckland and Wellington. Train numbers are also increasing as demand for freight and passenger services increases.
Warning devices at level crossings – Warning bells are an essential safety device for the rail network. Warning bells may not be active at night. You should check the crossings in your area for operating hours.
Maintenance activities - Track maintenance while infrequent can be noisy due to the type of machinery involved. On busy urban lines this maintenance has to done at the night because there are too many trains using it during the day.
Construction noise – Some lines are being upgraded to improve the network. Those living and working next to the rail corridor may hear noise from construction machinery while ONTRACK completes the work in your area.
Loading and shunting within yards – noise associated with the loading and moving of wagons. These may operate 24 hours a day, seven days a week.
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What activities or developments might impact on the railway?
ONTRACK supports the safe use and development of land adjacent to the railway and in most cases this occurs without any issues for the rail network. However some activities do have an impact on the network and ONTRACK takes an interest in these. Examples include:
- the construction of retaining walls or other earthworks near the railway embankment any changes of land use that involve the use of a private level crossing creation of accessways, buildings or other structures close to a public level crossing activities that result in an increase in vehicle movements over a public or private level crossings
- activities that might increase glare or light spill which might interfere with rail signals or impair a train driver’s vision
establishment of noise sensitive activities near the railway (e.g. residential development, retirement home or motels)
When should I discuss my proposal with ONTRACK?
As early as possible. Discussing your proposal at an early stage with one of ONTRACK’s Resource Management Act Advisors will help to highlight any potential problems with your proposal. This will enable you to consider any modifications that may be required before you proceed to the Council for planning approval. Modifications made to a consent application at an early stage could also save you money.
How do I obtain ONTRACK’s written approval (under s94 of the Resource Management Act 1991)?
Written approval is required from ONTRACK where the local authority considers ONTRACK’s property or operations could be affected by your proposal. Councils will provide you with a s94 form or you may be able to download a form online. Complete the applicants’ section and provide it to ONTRACK with details of your proposal. Any requests should be addressed to ONTRACK’s senior RMA Advisor.
What information should I provide to ONTRACK about my proposal?
ONTRACK needs sufficient information to be able to establish if the proposed development or activity will have an impact on its infrastructure or operations.
At the minimum the following information should be provided:
- Accurate location plan; including an aerial photo where available.
- Site plan showing proposed activity with railway land boundaries and any level crossings clearly shown
- Adequate description of what is being proposed
- Photographs of the site
Are there any restrictions on building in close proximity to a level crossing?
Yes. In order to maintain clear lines of vision for motorists approaching or stopped at a level crossing there are restrictions on where you can build. The restricted building area is dependant on the nature of the crossing. Some district plans include a diagram for calculating the view lines but this approach is now out of date as all crossings are now assessed on an individual basis.
If you are building near a level crossing please contact an RMA Advisor at ONTRACK to ensure that you are not within any view lines.
Do I need ONTRACK’s permission to place services (electricity, telecommunications, water etc) within railway land?
Yes, placing new services or replacing existing services requires a Deed of Grant from ONTRACK.
What is the required separation distance between the entrance/exit point of an accessway and a road/rail level crossing?
30 metres.
Can I build a retaining wall close to or against the railway embankment on my property?
This is dependant on the position and design of the retaining wall. The railway embankment is not designed to support additional load and ONTRACK would need to see the proposed design to check this.
Can I discharge stormwater into the rail corridor?
No, not without the written permission of ONTRACK. While rail corridors may contain open drains, the purpose of these is to convey water that drains from the railway embankment. These drains are not public drains. ONTRACK may allow private landowners to discharge stormwater if there is sufficient capacity in existing drains and the local council is able to take over responsibility for maintenance.
It is an offence to discharge anything into the rail corridor without the permission of ONTRACK.
Who can I contact at ONTRACK to discuss my development proposal?
ONTRACK has a specific team that handles all land use planning matters. The Resource Management Act Advisors are based in ONTRACK’s head office in Wellington. They will co-ordinate discussions with other departments in ONTRACK and with local offices where necessary.
You can contact the RMA Advisors at the following:
E-mail: ontrack@ontrack.govt.nz (to confirm)
Phone: 04 495 3000
Fax: 04 498 3331
Post: Wellington Railway Station
PO Box 593
Wellington 6140
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How does ONTRACK protect future rail corridors?
ONTRACK has Requiring Authority status under the Resource Management Act 1991. Requiring Authorities are able to secure a designation over land to protect it for future use. Where ONTRACK identifies a new rail corridor it will seek a designation over the land to ensure that it cannot be used for any other purpose. The majority of ONTRACK’s existing rail corridors are designated.
ONTRACK does own a number of designated rail corridors which do not have tracks, a check of the local District Plan is therefore advisable.
What does a designation for “rail purposes” mean?
Designations are a planning mechanism that enable ONTRACK to define a corridor or area of land for use as part of the railway network. The designation prevents anyone else from developing on the land or undertaking any activity which would impact on the rail network. The designation also enables ONTRACK to build, operate and maintain the network provided that this is in accordance with the "railway purposes" and the usual provisions of the district plan do not apply. ONTRACK may still require resource consents from a Regional Council.
Does a designation mean that a railway line will be built soon?
No, there may be significant delay between securing a designation and actually constructing a railway line. Designations are an important part of ONTRACK’s strategic plans providing the first step in a major project. However in order to construct the railway line there needs to be available funding and a definite demand for a rail service.
How can I find out what plans there are for a railway line?
The National Rail Strategy to 2015 makes reference to some of the key projects for the rail network. However people living or buying property near the railway should be aware that the usage of the line could be subject to change - number of trains may increase and/or the operating hours may change. Lines that are currently not in use may be brought back into operation if there is demand for a service on that line.
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What programme does ONTRACK have to clean-up graffiti?ONTRACK uses a mix of measures to manage graffiti on the rail corridor, but it is a difficult job.
ONTRACK will take immediate action to remove any offensive graffiti that occurs on its property. Other graffiti on ONTRACK structures is removed on a periodic basis.
It is important to realise that the vast majority of graffiti within the rail corridor occurs on buildings, fences and other structures that are not owned by ONTRACK. This includes buildings that back onto the railway corridor, road overbridges and fences.
The difficulty of managing graffiti on the rail corridor is providing safe access to those who remove it. ONTRACK can provide property owners with access to clean this up if requested.
In some parts of the network partnerships have been formed with the local community and agencies and trusts that specialize in litter and graffiti control.
How does ONTRACK manage vegetation in the railway corridor?
Through a combination of its own contractors and agreements with local councils. ONTRACK has a nationwide contract to maintain vegetation within the corridor to biosecurity standards which enables the control of noxious plants. The corridor is often maintained to a higher standard within urban areas by the local council. Many councils takes up beautification leases with ONTRACK and assumes responsibility for vegetation maintenance.
Who can I contact at ONTRACK to alert them to litter, graffiti or vegetation problems?
Please direct any enquiries by e-mail to ontrack@ontrack.govt.nz. Include location information such as the nearest street address or other local feature to assist ONTRACK with locating the problem. Photographs of the problem will also assist.