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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

234: Variation or cancellation of esplanade strips

You could also call this:

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

If you own land with an esplanade strip, you can ask the local council to change or cancel it. You need to tell them where the strip is and how changing it might affect things. The council can also suggest changes on their own.

When the council gets a request or makes their own suggestion, they follow a set of steps to decide what to do. They think about things like why the strip was made in the first place and if anything has changed to make it less useful.

After thinking it over, the council can agree to change the strip, keep it the same, or get rid of it. If anyone disagrees with the decision, they can appeal it.

Once everything is settled, the council tells the person in charge of land records about the changes. This person then updates the official records to show the new situation with the esplanade 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=DLM237263.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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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”

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235: Creation of esplanade strips by agreement, or

“A landowner and local authority can agree to create a special strip of land along water for public use.”

Part 10 Subdivision and reclamations
Esplanade reserves

234Variation or cancellation of esplanade strips

  1. The registered owner of any land subject to an esplanade strip may apply to the territorial authority to vary or cancel the instrument creating the strip.

  2. The application shall include—

  3. a description of the strip and its location; and
    1. an assessment of the effects of varying or cancelling the strip.

      1. The territorial authority may at any time initiate a proposal to vary or cancel the instrument creating an esplanade strip by preparing a statement covering the matters specified in subsection (2); and references to an application in this section shall include a statement made under this subsection.

      2. Upon receipt of an application under subsection (1) by the territorial authority, or after the preparation of a statement by the territorial authority under subsection (3), the provisions of sections 127 to 132 shall apply as appropriate, with all necessary modifications.

      3. The territorial authority, when considering an application to vary or cancel any instrument creating an esplanade strip shall have regard to—

      4. those matters set out in section 104(1), with all necessary modifications; and
        1. the purpose or purposes, as set out in section 229, for which the strip was created; and
          1. any change in circumstances which has made the strip or any of the conditions in the instrument creating the strip inappropriate or unnecessary.

            1. After considering the application for variation or cancellation of an instrument creating an esplanade strip, the territorial authority—

            2. may grant the application, with or without modifications; or
              1. may decline the application.

                1. When all the appeals (if any) are finally determined, the territorial authority shall lodge for registration with the Registrar-General of Land a certificate, signed by the chief executive or other authorised officer of the territorial authority, specifying the variations to the instrument or that the instrument is cancelled, as the case may be.

                2. The Registrar-General of Land shall make an appropriate entry in the register and on the instrument noting that the instrument has been varied or cancelled, and the instrument shall take effect as so varied or cease to have any effect, as the case may be.

                Notes
                • Section 234: replaced, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 234(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 234(7): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 234(7): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                • Section 234(8): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).