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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

232: Creation of esplanade strips

You could also call this:

“ The law lets the local council create a special strip of land along waterways when someone splits up their property. ”

You can create an esplanade strip along the edge of land near water. This strip is a special area set aside for specific purposes. The local council decides how wide the strip should be in their district plan.

To create an esplanade strip, the council and the person who owns the land need to sign a legal document. This document must follow certain rules and be in the right form. It gives the council rights over that piece of land.

Once the document is registered with the government’s land office, it becomes part of the property’s legal record. This means that even if the land is sold or someone has a mortgage on it, the esplanade strip stays in place.

The council can decide to close the esplanade strip to the public if needed. When creating the strip, the council thinks about things like:

  • What rules to include or change
  • What the strip will be used for
  • How the landowner uses the nearby land
  • How people use the water next to the strip
  • How any nearby reserves are looked after

The council also looks at their own rules and any other similar strips in the area when making these decisions.

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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.

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Government and voting > Local councils
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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.”

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233: Effect of change to boundary of esplanade strip, or

“When water boundaries change, the esplanade strip automatically moves to match, keeping the same rules”

Part 10 Subdivision 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).