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Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

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

You could also call this:

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

When you create a small piece of land (less than 4 hectares) by dividing a larger area, you don’t have to pay for any esplanade reserves or strips within 20 metres of the sea, a river, or a lake. Esplanade reserves and strips are areas of land set aside for public use along waterways.

If the local council wants an esplanade reserve or strip wider than 20 metres on your small piece of land, they must pay you for the extra width beyond 20 metres. However, you can choose to agree to a different arrangement with the council if you want to.

Remember, this rule only applies to land that is smaller than 4 hectares when it’s divided up. The council will pay you, as the registered owner of the land, unless you decide to make a different agreement with them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237287.

Topics:
Housing and property > Land use
Environment and resources > Conservation
Government and voting > Local councils
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237D: Transfers to the Crown or regional council, or

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

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237F: Compensation for taking of esplanade reserves or strips on allotments of 4 hectares or more, or

“Money paid to owners when the government takes land for parks on big properties”

Part 10 Subdivision and reclamations
Esplanade reserves

237ECompensation for taking of esplanade reserves or strips on allotments of less than 4 hectares

  1. Where an allotment of less than 4 hectares is created when land is subdivided, no compensation for esplanade reserves or esplanade strips shall be payable for any area of land within 20 metres from the mark of mean high water springs of the sea or from the bank of any river or from the margin of any lake, as the case may be.

  2. Where an esplanade reserve or esplanade strip of a width greater than 20 metres is required to be set aside on an allotment of less than 4 hectares created when land is subdivided, the territorial authority shall pay compensation for the area of the esplanade reserve or esplanade strip above 20 metres, to the registered owner of that allotment, unless the registered owner agrees otherwise.

Notes
  • Section 237E: inserted, on , by section 124 of the Resource Management Amendment Act 1993 (1993 No 65).
  • Section 237E(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).