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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

232: Creation of esplanade strips

You could also call this:

"Creating a special area of land near water for public use and protection"

When you create an esplanade strip, it is a special area of land near a river, lake, or coast. The width of the esplanade strip is decided by a rule in a district plan made under section 77. You can create an esplanade strip for purposes specified in section 229 by registering an instrument between the territorial authority and the subdividing owner.

The instrument must follow Schedule 10 and be in the prescribed form. It is created in favour of the territorial authority and creates an interest in land. This interest can be registered under the Land Transfer Act 2017. When registered, the instrument runs with and binds the land, and it also binds every mortgagee or other person having an interest in the land.

If an esplanade strip is created, it may be closed to public entry under section 237C. The territorial authority decides what matters to include in the instrument. They consider which provisions in clauses 2, 3, and 7 of Schedule 10 to modify or exclude. They also think about any other matters to include in the instrument.

When making these decisions, the territorial authority considers relevant rules in the district plan. They look at the provisions and other matters in any existing instrument for an esplanade strip or easement for an access strip in the area. They think about the purpose of the strip, including the needs of potential users. They consider the use of the strip and adjoining land by the owner and occupier.

They also think about the use of the river, lake, or coastal marine area within or adjacent to the strip. The territorial authority considers the management of any reserve in the vicinity when deciding what to include in the instrument.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237259.

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Environment and resources > ConservationEnvironment and resources > Land useHousing and property > Land use
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233: Effect of change to boundary of esplanade strip, or

"What happens when the boundary of an esplanade strip changes near water"

Part 10Subdivision and reclamations
Esplanade reserves

232Creation of esplanade strips

  1. An esplanade strip of the width specified in a rule in a district plan made under section 77 may be created for any purpose specified in section 229 by the registration of an instrument between the territorial authority, and the subdividing owner, prepared in accordance with this section.

  2. Every such instrument shall—

  3. be in accordance with Schedule 10; and
    1. be in the prescribed form; and
      1. be created in favour of the territorial authority; and
        1. create an interest in land, and may be registered under the Land Transfer Act 2017; and
          1. when registered with the Registrar-General of Land, run with and bind the land that is subject to the instrument; and
            1. bind every mortgagee or other person having an interest in the land, without that person's consent.

              1. Where an esplanade strip is created, that strip may be closed to public entry under section 237C.

              2. When deciding under section 220(1)(a) which matters shall be provided for in the instrument, the territorial authority shall consider—

              3. which provisions in clauses 2, 3, and 7 of Schedule 10 (if any) to modify (including the imposition of conditions) or to exclude from the instrument; and
                1. any other matters that the territorial authority considers appropriate to include in the instrument.

                  1. When deciding under subsection (4) which provisions (if any) to modify or exclude or what other matters to include, the territorial authority shall consider—

                  2. any relevant rules in the district plan; and
                    1. the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
                      1. the purpose or purposes of the strip, including the needs of potential users of the strip; and
                        1. the use of the strip and adjoining land by the owner and occupier; and
                          1. the use of the river, lake, or coastal marine area within or adjacent to the strip; and
                            1. the management of any reserve in the vicinity.

                              Notes
                              • Section 232: replaced, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 232(2)(d): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 232(2)(e): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).