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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 setting aside land near water when dividing property or closing roads”

You can find rules about esplanade reserves in your district plan. These rules apply when land is divided up or when roads are stopped.

If a piece of land being divided is less than 4 hectares, the district plan might say:

You need to set aside an esplanade reserve wider or narrower than 20 metres.

You don’t have to follow section 230.

Instead of an esplanade reserve, you can create an esplanade strip of a certain width under section 232.

For land 4 hectares or larger being divided, the district plan might say you need to set aside esplanade reserves or create esplanade strips of a certain width.

The district plan can also have rules about esplanade reserves when roads are stopped. It might say:

The esplanade reserve needs to be wider or narrower than 20 metres.

You don’t have to follow section 345(3) of the Local Government Act 1974.

These rules can apply to the whole district, just one area, or in specific situations. The council decides what’s best for their district when making these rules.

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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.

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Housing and property > Land use
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76: District rules, or

“Rules in district plans set out what you can and can't do in different areas of your town or city”

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

“Rules can be made for different types of activities and their conditions”

Part 5 Standards, 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).