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Resource Management Act 1991

Transitional provisions - Subdivision and development

405A: Transitional provisions for esplanade reserves where land subdivided or road stopped

You could also call this:

“Rules for setting aside land near water when dividing property or closing roads”

When you want to divide land into smaller parts or stop a road, the local council can make some rules about the land next to water. This land is called an esplanade reserve. Here’s what you need to know:

The council can change the size of the esplanade reserve. It’s usually 20 metres wide, but they can make it bigger or smaller. They need to get permission from the Minister of Conservation to do this.

Sometimes, the council might decide you don’t need an esplanade reserve at all. Or, they might ask for an esplanade strip instead. An esplanade strip is like a thin piece of land that people can use.

If your piece of land is 4 hectares or more, the council might still ask for an esplanade reserve or strip. They’ll think about why these areas are important before they decide.

The council can only make the esplanade reserve smaller if it won’t lose its value. They have to make sure it can still be used for the reasons mentioned in section 229.

If the council says you don’t need an esplanade reserve, it’s because they think it’s not safe, not useful, or there’s a better way to use the land.

The rules in Part 10 of this law apply to all esplanade reserves and strips.

If there was an old rule saying you didn’t need an esplanade reserve next to a river, that rule still counts as part of the district plan.

These rules will stop working when the new district plan for your area starts, unless it’s a special kind of plan mentioned in section 373.

The council can change how these rules work by following the steps in Schedule 1.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240362.

Topics:
Environment and resources > Land use
Environment and resources > Conservation
Government and voting > Local councils
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405: Transitional provisions for subdivisions, or

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Part 15 Transitional provisions
Subdivision and development

405ATransitional provisions for esplanade reserves where land subdivided or road stopped

  1. Subject to subsections (3) and (4) and with the consent of the Minister of Conservation, on any road stopped under the Local Government Act 1974, and on every application for subdivision consent in respect of any allotment of less than 4 hectares, a territorial authority may impose a condition, that—

  2. the esplanade reserve required to be set aside under section 230 of this Act or section 345(3) of the Local Government Act 1974 along the mark of mean high water springs of the sea, or along the margin of any lake, or along the bank of any river, may be reduced or increased from 20 metres to any width; or
    1. section 230 of this Act and section 345(3) of the Local Government Act 1974 shall not apply in respect of land along the mark of mean high water springs of the sea, or along the margin of any lake, or along the bank of any river, to which the application relates; or
      1. that, instead of an esplanade reserve, an esplanade strip of any width specified may be created under section 232.

        1. On every application for a subdivision consent, a territorial authority shall consider the purposes of esplanade reserves and esplanade strips in section 229 and may impose, where it considers it appropriate, in respect of an allotment of 4 hectares or more, in terms of section 230, a condition that an esplanade reserve or esplanade strip of any specified width be set aside or created on those allotments.

        2. Before including a condition described in subsection (1)(a) for a reduction in width in a subdivision consent, the territorial authority shall be satisfied that the value of the esplanade reserve, in terms of the purposes specified in section 229, will not be significantly diminished.

        3. Before including a condition described in subsection (1)(b) in a subdivision consent, the territorial authority shall be satisfied that—

        4. notwithstanding section 229, it would not be appropriate in the circumstances including (but not limited to) reasons of security, public safety, or minor boundary adjustments, for an esplanade reserve or esplanade strip to be required; or
          1. the land has little or no value in terms of the purposes specified in section 229; or
            1. any value the land has in terms of the purposes specified in section 229 can be adequately provided by other means.

              1. The provisions of Part 10 shall apply to any esplanade reserve or esplanade strip required under this section.

              2. Any declaration or decision under section 289(7) of the Local Government Act 1974, or under any corresponding earlier enactment, to exclude the bank of any river from the requirement of an esplanade reserve shall be deemed to be a district rule for the purposes of section 77, where that direction had effect on 30 September 1991.

              3. Where any action taken pursuant to a declaration or decision which is deemed to be a district rule under subsection (6) was taken before the commencement of this subsection, that action is hereby validated and declared to have been lawfully carried out.

              4. The application of this section may be excluded or modified at any time in accordance with Schedule 1.

              5. This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373.

              Notes
              • Section 405A: inserted, on , by section 191 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 405A(1): amended, on , by section 63 of the Resource Management Amendment Act 1997 (1997 No 104).