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:

“No payment for small waterfront areas taken for public use”

When land is subdivided into a block that is less than 4 hectares, you do not get compensation for esplanade reserves or strips that are within 20 metres of the sea, a river, or a lake. You do not get paid for the area that is 20 metres or less from the water. If the esplanade reserve or strip is more than 20 metres wide, the territorial authority pays you for the extra area, unless you agree not to take the payment.

If you own a block of land that is less than 4 hectares and an esplanade reserve or strip is required, the territorial authority will pay you for the area that is more than 20 metres wide. This payment goes to the registered owner of the land, which is you if you own the land. The payment is only made if you do not agree to give up the payment.

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This page was last updated on

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


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237D: Transfers to the Crown or regional council, or

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


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

"Getting paid if the council takes some of your land for a reserve"

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).