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:

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

When you want to divide up a piece of land that includes the bed of a river or lake, or is part of the coastal area, you need to follow some special rules. These rules are about who owns different parts of the land after it’s divided.

If the land you’re dividing includes part of a river or lake bed next to an esplanade reserve, that part will belong to the local council. The same is true if the council said you have to give them that part when they allowed you to divide the land.

Any part of the land that’s in the coastal marine area becomes part of the common marine and coastal area. This means it belongs to everyone.

However, there might be different rules in your local district plan or in the permission you got to divide the land. These rules might say something different about who owns the river or lake bed. If so, those rules will be followed instead.

When you submit your plan to divide the land, you need to show clearly which parts will belong to the council and which parts are in the common marine and coastal area.

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 It might be out of date or be missing some parts.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

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

Topics:
Housing and property > Land use
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Previous

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

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

Next

237B: Access strips, or

“Paths that let people walk along the water's edge, agreed between landowners and local councils”

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).