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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

236: Where land previously set aside or reserved

You could also call this:

“What happens to your land if it's near land already set aside for public use”

If you are submitting a survey plan to create new land allotments near land that was already set aside for public use, you might need to set aside some of your land as an esplanade reserve. This can happen if the land near yours was previously reserved under the Local Government Act 1974, the Counties Amendment Act 1961, or the Land Subdivision in Counties Act 1946. You can find more information about these acts on the New Zealand legislation website.

When you set aside land as an esplanade reserve, its width will depend on the rules in your district plan, which you can find under section 77 of the Resource Management Act. If there are no rules, the width might be 20 metres, as required under section 230.

You can also look at section 289 of the Local Government Act 1974, section 24 of the Conservation Act 1987, or section 58 of the Land Act 1948 for more information about how land can be reserved or set aside for public use.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237270.

Topics:

Environment and resources > Conservation Environment and resources > Land use Housing and property > Land use

235: Creation of esplanade strips by agreement, or

"Agreeing with your council to create a special area by a river or lake on your land"

237: Approval of survey plans where esplanade reserve or esplanade strips required, or

"Approving survey plans that include special areas like esplanade reserves or strips near water"

Part 10 Subdivision and reclamations
Esplanade reserves

236Where land previously set aside or reserved

Where—
land along the mean high water mark or the mark of mean high water springs of the sea, or along the bank of any river, or along the margin of any lake, has—
1. been set aside as an esplanade reserve under this Part, or has been reserved for the purpose specified in section 289 of the Local Government Act 1974, or for public purposes pursuant to section 29(1) of the Counties Amendment Act 1961 or section 11 of the Land Subdivision in Counties Act 1946; or
2. been set aside or reserved for public recreation purposes pursuant to any other enactment (whether passed before or after the commencement of this Act and whether or not in force at the commencement of this Act); or
3. been reserved from sale or other disposition pursuant to section 24 of the Conservation Act 1987, or section 58 of the Land Act 1948, or the corresponding provisions of any former Act; and
a survey plan of land adjoining that land previously set aside or reserved is submitted to the territorial authority under section 223—

section 220(1)(aa)

be of a width that is the difference between the width of the land previously set aside or reserved and—
1. the width required by a rule in a district plan under section 77 for an esplanade reserve, if any, where any allotment 4 hectares or more is created when land is subdivided; or
2. the width required by a rule in a district plan under section 77 for an esplanade reserve, if any, where any allotment less than 4 hectares is created when land is subdivided; or
3. where any allotment less than 4 hectares is created when land is subdivided, and there is no rule in a district plan under section 77, then 20 metres as required under section 230.

Notes

Section 236: replaced, on 7 July 1993, by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 236: amended, on 17 December 1997, by section 45 of the Resource Management Amendment Act 1997 (1997 No 104).