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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:

“Changing or cancelling esplanade strips on your land”

If you own land with an esplanade strip, you can ask the territorial authority to change or cancel it. You need to tell them about the strip and where it is, and what might happen if it is changed or cancelled. The territorial authority will look at your request and think about what might happen.

The territorial authority can also decide to change or cancel an esplanade strip on their own. They will look at things like why the strip was created, and if anything has changed that makes the strip unnecessary. They can look at what section 104(1) says, and the purpose of the strip as set out in section 229.

After the territorial authority looks at the request, they can agree to change or cancel the esplanade strip, or they can say no. If they agree to change or cancel it, they will tell the Registrar-General of Land, who will update the records. The Registrar-General of Land will make a note that the esplanade strip has been changed or cancelled, and it will take effect. They will follow the rules in sections 127 to 132 to make the change.

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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.

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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).