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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 about when and how to officially record new land created from the sea”

When you get permission to reclaim land, you need to make sure a plan of the area is officially recorded. You should do this as soon as you can after the local authority approves your plan.

You can’t officially record the plan unless the local authority has approved it in the last three years. You also need to give the person recording the plan a copy of the approval document.

When the plan is officially recorded, any part of the land shown as an esplanade reserve becomes a special type of public land. This land is set aside for the purposes described in section 229 of this law.

This rule about esplanade reserves applies even if another law (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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245: Consent authority approval of a plan of survey of a reclamation, or

“The government checks and approves a map showing where new land has been created from the sea.”

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247: Planning Tribunal re-named Environment Court, or

“The Planning Tribunal got a new name and is now called the Environment Court, keeping all its powers.”

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).