Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Subdivision and reclamations - Esplanade reserves

237G: Compensation

You could also call this:

“The government pays landowners money when it takes their big waterside properties for public use.”

This law talks about when you might get paid for your land. It applies in two situations:

  1. When the government takes over a river or lake bed that’s next to your land. This happens if your land is at least 4 hectares and is being divided up.

  2. When part of your coastal land becomes public beach area. This also applies if your land is at least 4 hectares and is being divided up.

If the first situation happens, either the government or your local council has to pay you for the river or lake bed. But you can choose not to be paid if you want.

If the second situation happens, the government has to pay you for the coastal land. Again, you can choose not to be paid if you don’t want to.

In both cases, you’re called the “registered owner” of the land. This means you’re the official owner according to the government’s records.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237291.

Topics:
Housing and property > Land use
Environment and resources > Conservation
Government and voting > Local councils
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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”

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237H: Valuation, or

“This law explains how to figure out the cost of land for parks near water if people can't agree on the price.”

Part 10 Subdivision and reclamations
Esplanade reserves

237GCompensation

  1. This section applies if—

  2. the bed of a river or lake—
    1. is vested in the Crown in accordance with section 237A(1)(a); and
      1. adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more when land is subdivided; or
      2. land that is within the coastal marine area—
        1. becomes part of the common marine and coastal area in accordance with section 237A(1)(b); and
          1. adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares or more created when land is subdivided.

          2. In the case of land referred to in subsection (1)(a), the Crown or territorial authority, as the case may be, must pay compensation to the registered owner of that land, unless the registered owner agrees otherwise.

          3. In the case of land referred to in subsection (1)(b), the Crown must pay compensation to the registered owner of that land, unless the registered owner agrees otherwise.

          Notes
          • Section 237G: replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
          • Section 237G(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 237G(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).