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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

237D: Transfers to the Crown or regional council

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.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237284.

Topics:

Environment and resources > Conservation

Environment and resources > Land use

Government and voting > Local councils

Government and voting > Government departments

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.”

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.”

Part 10 Subdivision and reclamations
Esplanade reserves

237DTransfers to the Crown or regional council

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,—
shall cease to be vested in and administered by the territorial authority but instead shall vest in the Crown or the regional council; and
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,—

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

Notes

Section 237D: inserted, on 7 July 1993, by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 237D(1): amended, on 10 August 2005, by section 94 of the Resource Management Amendment Act 2005 (2005 No 87).
Section 237D(3): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).