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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

233: Effect of change to boundary of esplanade strip

You could also call this:

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

When the edge of the sea, a river, or a lake changes, it can affect an esplanade strip on someone’s land. If this happens, a new esplanade strip is automatically created to match the new edge. This new strip is treated as if it was made at the same time as the change in the water’s edge.

The rules that applied to the old esplanade strip will still apply to the new one. The only thing that changes is where the strip is located.

The new esplanade strip will be the same size and have the same rules as the old one. It will replace the old strip, either completely or partly, depending on how much the water’s edge has changed.

All the usual rules about esplanade strips in this law will apply to the new strip.

If you own or have rights to the land where the new esplanade strip is created, you have to follow the rules that apply to that strip.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237261.

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Housing and property > Land use
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232: Creation of esplanade strips, or

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

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234: Variation or cancellation of esplanade strips, or

“This law explains how people can ask to change or remove a strip of land along the coast or a river.”

Part 10 Subdivision and reclamations
Esplanade reserves

233Effect of change to boundary of esplanade strip

  1. Where, for any reason, the mark of any mean high water springs or the bank of any river or the margin of any lake alters, and the alteration affects an existing esplanade strip within an allotment, a new esplanade strip coinciding with such alteration shall be deemed to have been created simultaneously with each and every such alteration within the allotment.

  2. Any instrument creating any existing esplanade strip shall continue in existence and shall apply to a new esplanade strip created under subsection (1) without alteration, except as to location of the strip.

  3. Every esplanade strip created by subsection (1) shall be of such dimensions and be situated and subject to the same conditions as if it had been created by an instrument continued under subsection (2) and shall extinguish in whole or in part, as the case may require, the existing esplanade strip which would have continued but for the alterations referred to in subsection (1).

  4. Subject to this section, the provisions of this Act shall apply to every esplanade strip created by subsection (1).

  5. Any person having an interest in land affected by the new esplanade strip created under subsection (1) shall be bound by the instrument applying to that strip.

Notes
  • Section 233: replaced, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).