Conservation Act 1987

Marginal strips

24G: Effect of change to boundary of marginal strips

You could also call this:

"What happens when the boundary of a lake, river, or foreshore changes and a new marginal strip is created"

If the shape of a foreshore, lake, or river changes, a new marginal strip is created at the same time. This new marginal strip is like one that would have been set aside under section 24. When a new marginal strip is created, it replaces the old one, either fully or partly.

You need to know that the new marginal strip will be on land owned by the Crown or on land that is subject to this part of the law. The new marginal strip does not affect any rights people may have to things like buildings or other improvements that are already on the land.

The rules in the Conservation Act apply to the new marginal strip, just like they would to any other marginal strip created under section 24. However, there is an exception for marginal strips created under section 24(3) - this section does not apply to those.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104937.


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24F: Right of Crown to half of bed of river adjoining former land of the Crown, or

"Crown keeps part of river bed next to former Crown land"


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24H: Management of marginal strips, or

"Looking after land beside rivers, lakes, and coastlines"

Part 4AMarginal strips

24GEffect of change to boundary of marginal strips

  1. Where, for any reason, the shape of any foreshore or of the margin of any lake or reservoir or of any bay or inlet of any lake or reservoir is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.

  2. Where, for any reason, the course of any river or stream is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.

  3. With respect to any foreshore, to any lake or reservoir and to any bay or inlet of any lake or reservoir, and to any river or stream, a marginal strip shall be reserved by subsection (1) or subsection (2) on all land of the Crown, and on all land the title to which is subject to this Part, and on no other land.

  4. Every marginal strip reserved by subsection (1) or subsection (2) shall be of such dimensions and be situated as if the marginal strip had been reserved under section 24, and shall extinguish either in whole or in part, as the case may require, the existing reservation of the existing marginal strip which would have continued but for the alterations referred to in those subsections.

  5. Nothing in this section shall affect any right, title, or interest any person may have in respect of any assets or improvements existing on any marginal strip at the time such marginal strip is reserved by subsection (1) or subsection (2).

  6. Subject to this section, the provisions of this Act shall apply to every marginal strip reserved by subsection (1) or subsection (2) as if such marginal strip had been reserved by section 24.

  7. Nothing in this section shall apply to any marginal strip reserved by section 24(3).

Notes
  • Section 24G: inserted, on , by section 15 of the Conservation Law Reform Act 1990 (1990 No 31).