Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - District plans

77: Rules about esplanade reserves on subdivision and road stopping

You could also call this:

"Rules for protecting public areas near water when land is subdivided or roads are closed"

When land is subdivided, a territorial authority can make rules about esplanade reserves. You need to know that esplanade reserves are areas of land set aside for public use, often near water. The authority can decide the width of the esplanade reserve, which can be more or less than 20 metres.

If land is being subdivided into blocks of less than 4 hectares, the authority can make rules about esplanade reserves. The authority can say that instead of an esplanade reserve, a smaller esplanade strip can be created. This is done under section 232.

For blocks of 4 hectares or more, the authority can also make rules about esplanade reserves or strips. These rules are made under section 230(5). The authority can decide the width of the esplanade reserve or strip.

The authority can also make rules about esplanade reserves when roads are stopped. This is done under section 345(3) of the Local Government Act 1974. The authority can say that esplanade reserves are not needed in some cases.

When making these rules, the authority must think about what is best for the local area. The rules can apply to the whole area, a specific part of it, or special circumstances. The authority must consider what is appropriate for the district.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233695.


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76: District rules, or

"Rules for looking after the environment in your local area"


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77A: Power to make rules to apply to classes of activities and specify conditions, or

"Councils can make rules for groups of activities that affect the environment and set conditions for them."

Part 5Standards, policy statements, and plans
Local authority policy statements and plans: District plans

77Rules about esplanade reserves on subdivision and road stopping

  1. Subject to Part 2 and having regard to section 229 (purposes of esplanade reserves), a territorial authority may include a rule in its district plan which provides, in respect of any allotment of less than 4 hectares created when land is subdivided,—

  2. that an esplanade reserve which is required to be set aside shall be of a width greater or less than 20 metres:
    1. that section 230 shall not apply:
      1. that instead of an esplanade reserve, an esplanade strip of the width specified in the rule may be created under section 232.
        1. A territorial authority may include a rule in its district plan which provides that in respect of any allotment of 4 hectares or more created when land is subdivided, esplanade reserves or esplanade strips, of the width specified in the rule, shall be set aside or created, as the case may be, under section 230(5).

        2. A territorial authority may include in its district plan a rule which provides—

        3. that esplanade reserves, required to be set aside under section 345(3) of the Local Government Act 1974, shall be of a width greater or less than 20 metres:
          1. that section 345(3) of the Local Government Act 1974 shall not apply.
            1. Rules made under this section shall make provision for such matters as are appropriate in the circumstances of the district, and may apply—

            2. generally; or
              1. in a particular locality; or
                1. in particular circumstances.
                  Notes
                  • Section 77: replaced, on , by section 41 of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 77(4): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).