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Resource Management Act 1991

Subdivision and reclamations - Reclamations

246: Restrictions on deposit of plan of survey for reclamation

You could also call this:

“Rules for submitting a survey plan for land reclaimed from the sea or a lake”

When you get a resource consent for a reclamation, you must make sure the plan of survey is deposited under the Land Transfer Act 2017 as soon as possible after it is approved. You do this by giving the plan to the Registrar-General of Land. The plan must be approved by the consent authority under section 245 first.

If you want to deposit a plan of survey, you must have had the plan approved by the consent authority under section 245 in the last three years. You also need to give the Registrar-General of Land a copy of the certificate issued under section 245(5)(b). This is so the Registrar-General of Land has all the information they need.

When the plan of survey is deposited under the Land Transfer Act 2017, the land shown as esplanade reserve is set apart for the Crown. This means the land is used for local purpose reserve, as described in section 23 of the Reserves Act 1977, and for the purposes in section 229 of this Act. This happens even if section 167 of the Land Act 1948 says something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237635.

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Part 10 Subdivision and reclamations
Reclamations

246Restrictions on deposit of plan of survey for reclamation

  1. The holder of every resource consent granted for a reclamation shall take all steps necessary to ensure that the plan of survey is deposited under the Land Transfer Act 2017 or with the Registrar-General of Land as soon as reasonably practicable after the date the plan of survey is approved by the relevant consent authority under section 245.

  2. No plan of survey of a reclamation shall be deposited under the Land Transfer Act 2017 or with the Registrar-General of Land unless—

  3. within the preceding 3 years the relevant consent authority has approved the plan of survey under section 245; and
    1. there is lodged with the Registrar-General of Land a copy of the certificate issued under section 245(5)(b).

      1. On the deposit of a plan of survey under the Land Transfer Act 2017 or by the Registrar-General of Land, the land shown on that plan as esplanade reserve shall be deemed to be set apart and vested in the Crown as local purpose reserve within the meaning of section 23 of the Reserves Act 1977 for the purposes described in section 229 of this Act.

      2. Subsection (3) shall apply notwithstanding section 167 of the Land Act 1948.

      Notes
      • Section 246(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 246(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 246(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 246(2): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 246(2)(b): amended, on , by section 126 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 246(2)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 246(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
      • Section 246(3): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 246(3): amended, on , by section 132 of the Resource Management Amendment Act 1993 (1993 No 65).