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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:

“When a local park or water area is transferred to the government or regional council to manage instead.”

The Minister of Conservation or a regional council can decide that an esplanade reserve, or part of it, will no longer be managed by your local council. This can happen if your local council agrees in writing, and the decision is published in the Gazette. The reserve will then be managed by the Crown or the regional council.

The Minister of Conservation or a regional council can also decide that the bed of a river or lake will no longer be managed by your local council. This decision must also be published in the Gazette and agreed to by your local council. The decision will then be registered with the Registrar-General of Land.

The esplanade reserve will be managed according to its new classification under the Reserves Act 1977. You can find more information about this in the Reserves Act 1977. The Minister of Conservation or a regional council will make sure the reserve is managed correctly.

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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
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237C: Closure of strips to public, or

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

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

"No payment for small waterfront areas taken for public use"

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).