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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

230: Requirement for esplanade reserves or esplanade strips

You could also call this:

“When land is divided up, some areas near water must be set aside for everyone to use”

When you split up a piece of land into smaller parts, you need to think about esplanade reserves or strips. These are areas of land set aside near water. Before you create these areas, you first need to work out how big each new piece of land will be.

These rules only apply when you’re splitting up land in a way that needs approval under the law. If you’re creating a new piece of land that’s smaller than 4 hectares, you usually need to set aside a 20-metre wide strip of land. This strip needs to run along the high water mark of the sea, or along the edge of a river or lake. This land then becomes public property.

For this rule, a river means one that’s at least 3 metres wide on average where it flows past or through the new piece of land. A lake means one that’s at least 8 hectares in size.

If you’re creating a new piece of land that’s 4 hectares or bigger, you might still need to set aside an esplanade reserve or strip. This depends on the rules in your area. The size of this strip can be changed if you get special permission.

Remember, these rules can be changed by your local council or by getting special permission. They might make the reserve smaller or even say you don’t need one at all.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237255.

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Environment and resources > Conservation
Environment and resources > Land use
Housing and property > Land use
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229: Purposes of esplanade reserves and esplanade strips, or

“Esplanade reserves and strips help protect nature, allow people to visit waterways, and enjoy outdoor activities near water.”

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231: Esplanade reserves to vest on subdivision, or

“When land is divided up, special areas near water become public land for everyone to enjoy.”

Part 10 Subdivision and reclamations
Esplanade reserves

230Requirement for esplanade reserves or esplanade strips

  1. For the purposes of sections 77, 229 to 237H, and 405A, the size of any allotment shall be determined before any esplanade reserve or esplanade strip is set aside or created, as the case may be.

  2. The provisions of sections 229 to 237H shall only apply where section 11(1)(a) applies to the subdivision.

  3. Except as provided by any rule in a district plan made under section 77(1), or a resource consent which waives, or reduces the width of, the esplanade reserve, where any allotment of less than 4 hectares is created when land is subdivided, an esplanade reserve 20 metres in width shall be set aside from that allotment along the mark of mean high water springs of the sea, and along the bank of any river or along the margin of any lake, as the case may be, and shall vest in accordance with section 231.

  4. For the purposes of subsection (3), a river means a river whose bed has an average width of 3 metres or more where the river flows through or adjoins an allotment; and a lake means a lake whose bed has an area of 8 hectares or more.

  5. If any rule made under section 77(2) so requires, but subject to any resource consent which waives, or reduces the width of, the esplanade reserve or esplanade strip, where any allotment of 4 hectares or more is created when land is subdivided, an esplanade reserve or esplanade strip shall be set aside or created from that allotment along the mark of mean high water springs of the sea and along the bank of any river and along the margin of any lake, and shall vest in accordance with section 231 or be created in accordance with section 232, as the case may be.

Notes
  • Section 230: replaced, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
  • Section 230(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).