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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

237B: Access strips

You could also call this:

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

You can make an agreement with your local council to let people use a path on your land. This is called an access strip. The council and you will decide together how people can use this path.

When you and the council make this agreement, you’ll write it down in a special document. This document will say what people can and can’t do on the path. You’ll both need to sign it.

When deciding what to put in the agreement, you and the council will think about:

  • What rules are already in the district plan
  • What other nearby paths are like
  • Why the path is needed and who might use it
  • How you use your land
  • If there’s a river, lake, or sea nearby
  • If there are any parks close by

The agreement only starts working when it’s registered with the Registrar-General of Land. This is a person who keeps track of who owns what land.

If you want to, you can close the path sometimes. There’s another part of the law that explains how to do this.

If you’ve let someone else use your land (like renting it out), they need to agree to the path too.

You and the council can change or cancel the agreement if things change. You’ll need to think about all the same things as when you first made the agreement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237280.

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

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”

Next

237C: Closure of strips to public, or

“Strips of land by the water can be closed to keep people safe during emergencies or dangerous times.”

Part 10 Subdivision and reclamations
Esplanade reserves

237BAccess strips

  1. A local authority may agree with the registered owner of any land to acquire an easement over the land, and may agree upon the conditions upon which such an easement may be enjoyed.

  2. Any such easement shall—

  3. be executed by the local authority and the registered owner; and
    1. be in the prescribed form; and
      1. contain the relevant provisions in accordance with Schedule 10.

        1. When deciding which matters shall be provided for in the easement, the parties shall consider—

        2. which provisions in clauses 2, 3, and 7 of Schedule 10 (if any) to modify (including by the imposition of conditions) or to exclude from the easement; and
          1. any other matters that the local authority and registered proprietor consider appropriate to include in the easement.

            1. When deciding under subsection (3) which provisions (if any) to modify or exclude or what other matters to include, the parties shall consider—

            2. any relevant rules in the district plan; and
              1. the provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
                1. the purpose of the strip, including the needs of potential users of the strip; and
                  1. the use of the strip and adjoining land by the owner and occupier; and
                    1. where appropriate, the use of the river, lake, or coastal marine area within or adjacent to the access strip; and
                      1. the management of any reserve in the vicinity.

                        1. Any such easement shall take effect when registered at the office of the Registrar-General of Land.

                        2. An access strip may be closed to public entry under section 237C.

                        3. No easement for an access strip 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 easement.

                        4. The registered owner and the local authority may, by agreement, vary or cancel the easement if the matters in subsection (4) and any change in circumstances have been taken into account; and in any such case the provisions of section 234(7) and (8) shall apply, with all necessary modifications.

                        Notes
                        • Section 237B: inserted, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 237B(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                        • Section 237B(2)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                        • Section 237B(5): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 237B(7): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 237B(8): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).