Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
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.”
You could also call this:

“The government can change who looks after special areas near water, like beaches or rivers.”

You should know about a rule that lets the Minister of Conservation or a regional council take over an esplanade reserve from a local council. They can do this if the local council agrees in writing first. When this happens, they announce it in the Government Gazette.

The announcement will say that the reserve is no longer managed by the local council. Instead, it will belong to either the government or the regional council. The announcement will also say what type of reserve it will be under the Reserves Act 1977, or if it will be part of an existing reserve.

The Minister or regional council can also take over the bed of a river or lake from a local council. Again, they need the local council to agree in writing first, and they have to announce it in the Gazette.

When either of these things happen, they have to register it with the Registrar-General of Land. This is the person who keeps track of who owns land in New Zealand.

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 It might be out of date or be missing some parts.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

Next up: 237E: Compensation for taking of esplanade reserves or strips on allotments of less than 4 hectares

or “Money is given to owners if the council takes more than 20 metres of land near water on small pieces of property.”
Next

Part 10 Subdivision and reclamations
Esplanade reserves

237DTransfers to the Crown or regional council

  1. Notwithstanding the provisions of the Reserves Act 1977, the Minister of Conservation or a regional council may, with the prior written agreement of the territorial authority, declare by notice in the Gazette that an esplanade reserve, or any part of an esplanade reserve,—

  2. shall cease to be vested in and administered by the territorial authority but instead shall vest in the Crown or the regional council; and
    1. shall have such classification under the Reserves Act 1977 as may be specified in the Gazette notice, or shall be included in any existing reserve under that Act,—
        1. and, subject to the provisions of the Reserves Act 1977, the reserve shall be administered in accordance with that classification.

      1. The Minister of Conservation or a regional council may, with the prior written agreement of the territorial authority, declare by notice in the Gazette that the bed of any river or lake shall cease to be vested in the territorial authority but instead shall vest in the Crown or the regional council, as the case may be.

      2. The notice shall be registered in the office of the Registrar-General of Land.

      Notes
      • Section 237D: inserted, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
      • Section 237D(1): amended, on , by section 94 of the Resource Management Amendment Act 2005 (2005 No 87).
      • Section 237D(3): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).