Conservation Act 1987

Marginal strips

24D: Reservation of marginal strips to be recorded

You could also call this:

"The government keeps a record of special areas along rivers and lakes, called marginal strips, when land is sold."

When the government sells land, a note is added to the land's record to say it is subject to this part of the law. This note is added by the Registrar-General of Land without you having to pay a fee, under the Land Transfer Act 2017. The note stays on the record even if the land is sold or divided.

If the width of a marginal strip is changed, the Registrar-General of Land adds this information to the land's record. This can happen if the width is reduced under section 24A or increased under section 24AA. The Registrar-General of Land does this without you having to pay a fee.

The Chief Surveyor makes sure the plans for the area show the marginal strips, including any changes to their width. The Chief Surveyor does this without you having to pay a fee, and in a way that they think is best. They include details of any reductions in width under section 24A or increases in width under section 24AA.

If land is not registered under the Land Transfer Act 2017, the Chief Surveyor records the information on the plans and records for the area. They do this without you having to pay a fee, and make sure the plans show the marginal strips. The land remains subject to this part of the law, even if it is sold or divided.

The note on the land's record protects the marginal strip, and the land's record cannot be questioned because of this note. The land described in the record is all the land, except for the part that is a marginal strip. The land can be defined for the purpose of issuing a new record, as if this part of the law did not exist.

Land that is a marginal strip does not need to be surveyed under the Land Transfer Act 2017. This is because it is reserved under section 24 of this law. You do not need to survey the land, even if the Land Transfer Act 2017 usually requires it.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104928.

Topics:

Environment and resources > ConservationHousing and property > Land useGovernment and voting > Government departments

24C: Purposes of marginal strips, or

"Protecting areas next to water for conservation and fun activities"

24E: Exchange of marginal strips, or

"The Minister can trade a small piece of land for another piece to help conservation."

Part 4AMarginal strips

24DReservation of marginal strips to be recorded

Upon the registration of any disposition by the Crown of any land under the Land Transfer Act 2017, the Registrar-General of Land must, without fee, record on the record of title for that land a statement to the effect that the land to which the record of title relates is subject to this Part.
Upon being notified of any reduction in the width of any marginal strip under section 24A or any increase in the width of any marginal strip under section 24AA or any exemption under section 24B, where there is a record of title for the land under the Land Transfer Act 2017, the Registrar-General of Land must, without fee, record the reduction or increase or exemption on the record of title.
Upon being notified of any disposition by the Crown of any land not registered under the Land Transfer Act 2017, the Chief Surveyor shall, without fee, record on the proper plans and records of the land registration district affected a statement to the effect that the land so transferred is subject to this Part.
Upon being notified of any reduction in the width of any marginal strip under section 24A or any increase in the width of any marginal strip under section 24AA or any exemption under section 24B, where the land is not registered under the Land Transfer Act 2017, the Chief Surveyor shall, without fee, record the reduction or increase or exemption on the proper plans and records.
The Chief Surveyor shall, without fee, in the manner the Chief Surveyor considers most appropriate, cause the proper plans of every land registration district to show the marginal strips (including details of the reduction in the width of any marginal strip under section 24A or the increase in the width of any marginal strip under section 24AA) within that district.
All land that is subject to this Part shall remain subject to this Part and the statements specified in subsections (1) and (2) shall continue to be recorded on the certificates of title for that land and on all subsequent certificates of title for that land and on all the proper plans and records of the land registration district affected, as the case may be, notwithstanding—
any subsequent subdivision of that land; or
any subsequent transfer by sale or otherwise of that land.

Every statement recorded on a certificate of title in compliance with subsection (1) shall be deemed to sufficiently protect any reservation made by this Part in respect of any portion of the land comprised in that certificate of title, and no certificate of title shall be impeached on the ground of uncertainty or otherwise on account of any such reservation.
The land comprised in any certificate of title that bears a statement recorded in compliance with subsection (1)—
shall be deemed to be all the land described in that certificate of title, with the exception of any portion that is deemed to be reserved as marginal strip under this Part; and
may be defined for the purposes of the issue of a certificate of title as if this Part had not been passed.

Notwithstanding anything in the Land Transfer Act 2017, land reserved as marginal strip under section 24 shall not be required to be surveyed for the purposes of that Act.

Notes

Section 24D: inserted, on 10 April 1990, by section 15 of the Conservation Law Reform Act 1990 (1990 No 31).
Section 24D(1): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 24D(1A): inserted, on 13 March 1996, by section 13(1) of the Conservation Amendment Act 1996 (1996 No 1).
Section 24D(1A): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 24D(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 24D(2A): inserted, on 13 March 1996, by section 13(2) of the Conservation Amendment Act 1996 (1996 No 1).
Section 24D(2A): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 24D(3): amended, on 13 March 1996, by section 13(3) of the Conservation Amendment Act 1996 (1996 No 1).
Section 24D(7): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).