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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

237B: Access strips

You could also call this:

“Agreements for public paths on private land”

When a local authority wants to create an access strip, they can agree with the registered owner of the land to get an easement. You need to know that an easement is a special kind of agreement that lets someone use someone else’s land for a specific purpose. The local authority and the registered owner will decide on the conditions of the easement.

The easement must be written down and signed by both the local authority and the registered owner. It also has to be in a special form and include certain details as outlined in Schedule 10. When deciding what to include in the easement, they will think about what is already in clauses 2, 3, and 7 of Schedule 10.

They will also consider any rules in the district plan and what is already in place for other access strips in the area. The purpose of the strip and how people will use it are also important things to think about. The easement will be official when it is registered with the Registrar-General of Land.

An access strip can be closed to the public under section 237C. For an easement to be registered, everyone with a registered interest in the land must agree to it. The registered owner and the local authority can change or cancel the easement if they both agree, taking into account the things that were considered when the easement was created, and following the rules in section 234(7) and (8).

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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 > Town planning Housing and property > Land use
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237A: Vesting of land in common marine and coastal area or bed of lake or river, or

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

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237C: Closure of strips to public, or

"When public paths or areas can be closed for safety or other reasons"

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).