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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

235: Creation of esplanade strips by agreement

You could also call this:

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

You and the local authority can create an esplanade strip at any time if you both agree. This strip can be for any of the reasons listed in section 229. If you do this, the rules in sections 229, 232, 233, 234, 237(2), and 237C will apply, with some changes as needed.

If you want to register an agreement for an esplanade strip, you need to make sure that everyone who has a registered interest in the land has agreed to it. They need to show their agreement by signing the document.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237266.

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

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236: Where land previously set aside or reserved, or

“This law explains what happens to land near water when new areas are being developed next to existing protected areas.”

Part 10 Subdivision and reclamations
Esplanade reserves

235Creation of esplanade strips by agreement

  1. An esplanade strip may at any time be created for any of the purposes specified in section 229 by agreement between the registered owner of any land and the local authority, and the provisions of sections 229, 232, 233, 234, 237(2), and 237C shall apply, with all necessary modifications.

  2. No instrument for an esplanade strip by agreement may be registered with the Registrar-General of Land unless every person having a registered interest in the land has endorsed his or her consent on the instrument.

Notes
  • Section 235: replaced, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
  • Section 235(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 235(1): amended, on , by section 74 of the Resource Management Amendment Act 2003 (2003 No 23).
  • Section 235(1): amended, on , by section 44 of the Resource Management Amendment Act 1997 (1997 No 104).
  • Section 235(2): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).