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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:

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

If the boundary of an esplanade strip changes because the water level or riverbank has moved, a new esplanade strip is created at the same time. You will find the new esplanade strip in the same place as the change. Any rules that applied to the old esplanade strip will still apply to the new one, but the location might be different.

The new esplanade strip will have the same size and conditions as the old one, and it will replace the old one. The rules in the Resource Management Act 1991 will apply to the new esplanade strip. If you own land near the new esplanade strip, you will have to follow the rules that apply to it.

You can find more information about the rules that apply to esplanade strips in the Resource Management Act 1991.

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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
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232: Creation of esplanade strips, or

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

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234: Variation or cancellation of esplanade strips, or

"Changing or cancelling esplanade strips on your land"

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).