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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

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

You could also call this:

“Rules for checking and approving maps that show special areas along the water's edge”

When you want to divide land into smaller parts, you need to show any required esplanade reserves or strips on your survey plan. The local council won’t approve your plan without them.

You don’t need to survey an esplanade strip, but you should clearly mark it on the plan in a way the Chief Surveyor approves.

Sometimes, like when you’re creating a cross lease, company lease, or unit plan, it might be hard to show the esplanade reserve or strip on the main survey plan. In these cases, you’ll need to make a separate plan showing the reserve or strip. The council will only approve your main plan after they’ve approved this separate plan.

If the council approves a separate plan, they’ll note this on both plans. The main plan can only be officially recorded if the separate plan showing the esplanade reserve or strip is recorded at the same time or earlier.

These rules don’t change other parts of the Resource Management Act 1991, except for what’s mentioned here.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237273.

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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.”

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237A: Vesting of land in common marine and coastal area or bed of lake or river, or

“When dividing land near water, some parts become public property or belong to the local council”

Part 10 Subdivision and reclamations
Esplanade reserves

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

  1. Subject to subsection (3), the territorial authority shall not approve a survey plan unless any esplanade reserve or esplanade strip required under this Part is shown on the survey plan.

  2. Notwithstanding anything in the Land Transfer Act 2017, an esplanade strip shall not be required to be surveyed, but where an esplanade strip is shown on the survey plan, it shall be clearly identified in such manner as the Chief Surveyor considers appropriate.

  3. Where—

  4. an esplanade reserve or esplanade strip is required under this Part in respect of a subdivision which is to be effected by the grant of a cross lease or company lease or by the deposit of a unit plan; and
    1. it is not practical to show the esplanade reserve or esplanade strip on the survey plan submitted for approval under section 223 (in this section referred to as the primary survey plan)—
        1. the territorial authority, after consultation with the Registrar-General of Land, shall not approve the primary survey plan until a separate survey plan showing the esplanade reserve or esplanade strip has been prepared and submitted to the territorial authority for approval under this section.

      1. Where the territorial authority approves a separate survey plan under subsection (3)—

      2. a memorandum to that effect shall be endorsed on the primary survey plan and the separate survey plan; and
        1. the Registrar-General of Land shall not deposit the primary survey plan and (in respect of a subdivision by the Crown) the Registrar-General of Land shall not issue a record of title for any separate allotment on the primary survey plan approved by the Chief Surveyor for the purposes of section 228, unless the separate survey plan on which the esplanade reserve or esplanade strip is shown is deposited prior to, or at the same time as, the primary survey plan.

          1. Subject to this section, nothing in section 11 or this Part applies to a separate survey plan approved by a territorial authority under this section.

          Notes
          • Section 237: replaced, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 237(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 237(3): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 237(4)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 237(4)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).