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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:

“Setting aside land by the sea, river, or lake when subdividing land”

When land is subdivided, you need to determine the size of the allotments before setting aside an esplanade reserve or esplanade strip. The rules about esplanade reserves only apply if section 11(1)(a) applies to the subdivision. If an allotment is less than 4 hectares, a 20-metre wide esplanade reserve must be set aside along the sea, river, or lake.

If a rule made under section 77(1) says so, or if a resource consent allows it, the esplanade reserve can be smaller or not required. An esplanade reserve is set aside along the mark of mean high water springs of the sea, and along the bank of any river or lake, and it is vested in accordance with section 231. For this rule, a river is one that is 3 metres or more wide, and a lake is one that is 8 hectares or more in area.

If any rule made under section 77(2) requires it, but subject to any resource consent, an esplanade reserve or esplanade strip must be set aside for allotments of 4 hectares or more. This esplanade reserve or strip is vested in accordance with section 231 or created in accordance with section 232. The esplanade reserve or strip is set aside along the sea, river, or lake.

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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.

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

"What esplanade reserves and strips are used for"

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231: Esplanade reserves to vest on subdivision, or

"Setting aside land for public use when you divide your property"

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).