Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

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

You could also call this:

“Who owns the land near rivers, lakes, and the coast when you subdivide it?”

When you subdivide land, you need to submit a survey plan to the territorial authority, as stated in section 223. The survey plan must show which parts of the land will belong to the territorial authority. This includes parts of the land that are in a river or lake and are next to an esplanade reserve. It also includes parts of the land that are in a river or lake and need to be given to the territorial authority as a condition of a resource consent. You also need to show which parts of the land are in the coastal marine area, as these will be part of the common marine and coastal area. Any rules in a district plan or resource consent can affect what happens to the bed of a river or lake.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237276.

Topics:
Environment and resources > Conservation Environment and resources > Town planning Housing and property > Land use
Previous

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"

Next

237B: Access strips, or

"Agreements for public paths on private land"

Part 10 Subdivision and reclamations
Esplanade reserves

237AVesting of land in common marine and coastal area or bed of lake or river

  1. Where a survey plan is submitted to a territorial authority in accordance with section 223, and any part of the allotment being subdivided is the bed of a river or lake or is within the coastal marine area, the survey plan shall—

  2. show as vesting in the territorial authority—
    1. such part of the allotment as forms part of the bed of a river or lake and adjoins an esplanade reserve shown as vesting in the territorial authority; or
      1. such part of the allotment as forms part of the bed of a river or lake and is required to be so vested as a condition of a resource consent:
      2. show any part of the allotment that is in the coastal marine area as part of the common marine and coastal area.

        1. Any requirement to vest the bed under subsection (1)(a)(i) shall be subject to any rule in a district plan or any resource consent which provides otherwise.

        Notes
        • Section 237A: inserted, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 237A heading: replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
        • Section 237A(1)(b): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
        • Section 237A(2): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).