Home Plan topics Esplanade reserves, esplanade strips and access strips under the RMA

Esplanade Area provisions of the Resource Management Act 1991

“Access strip” means a strip of land created by the registration of an easement in accordance with s237B for the purpose of allowing public access to or along any river, or lake, or the coast, or to any esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown (but excluding all land held for a public work except land held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 to that Act):

“Bed” means, –

(a) In relation to any river –

(i) For the purposes of esplanade reserves, esplanade strips, and

subdivision, the space of land which the waters of the river cover at its annual fullest flow without overtopping its banks:

(ii) In all other cases, the space of land which the waters of the river cover at its fullest flow without overtopping its banks; and

(b) In relation to any lake, except a lake controlled by artificial means, –

(i) For the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the lake cover at its annual highest level without exceeding its margin:

(ii) In all other cases, the space of land which the waters of the lake cover at its highest level without exceeding its margin; and

(c) In relation to any lake controlled by artificial means, the space of land which the waters of the lake cover at its maximum permitted operating level; and

(d) In relation to the sea, the submarine areas covered by the internal waters and the territorial sea:

“Esplanade reserve” means a reserve within the meaning of the Reserves Act 1977

(a) Which is either –

(i) A local purpose reserve within the meaning of s23 of that Act, if vested in the territorial authority under s239; or

(ii) A reserve vested in the Crown or a regional council under s237D; and

(b) Which is vested in the territorial authority, regional council, or the Crown for a purpose or purposes set out in s229:

“Esplanade strip” means a strip of land created by the registration of an instrument in accordance with s232 for a purpose or purposes set out in s229:

“Foreshore” means any land covered and uncovered by the flow and ebb of the tide at mean spring tides and, in relation to any such land that forms part of the bed of a river, does not include any area that is not part of the coastal marine area:

“Lake” means a body of fresh water which is entirely or nearly surrounded by land:

“River” means a continually or intermittently flowing body of fresh water; and includes a stream and modified watercourse; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal):

“Water body” means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area:

“Wetland” includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions:

6. Matters of national importance

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

(a) The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:

(b) The protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:

(d) The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:

(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:

(f) the protection of historic heritage from inappropriate subdivision, use and development:

(g) the protection of recognised customary activities.

77. Rules about esplanade reserves on subdivision and road stopping

(1) Subject to Part II and having regard to s229 (purposes of esplanade reserves), a territorial authority may include a rule in its district plan which provides, in respect of any allotment of less than 4 ha created when land is subdivided, –

(a) That an esplanade reserve which is required to be set aside shall be of a width greater or less than 20 m:

(b) That s230 shall not apply:

(c) That instead of an esplanade reserve, an esplanade strip of the width specified in the rule may be created under s232.

(2) A territorial authority may include a rule in its district plan which provides that in respect of any allotment of 4 ha or more created when land is subdivided, esplanade reserves or esplanade strips, of the width specified in the rule, shall be set aside or created, as the case may be, under s230(5).

(3) A territorial authority may include in its district plan a rule which provides –

(a) That esplanade reserves, required to be set aside under s345(3) of the Local Government Act 1974, shall be of a width greater or less than 20 m:

(b) That s345(3) of the Local Government Act 1974 shall not apply.

(4) Rules made under this section shall make provision for such matters in clause 5 of Part 2 of Schedule 2 as are appropriate in the circumstances of the district, and may apply –

(a) Generally; or

(b) In a particular locality; or

Esplanade reserves

229. Purposes of esplanade reserves and esplanade strips

An esplanade reserve or an esplanade strip has one or more of the following purposes:

(a) To contribute to the protection of conservation values by, in particular, –

(i) Maintaining or enhancing the natural functioning of the adjacent sea, river, or lake; or

(ii) Maintaining or enhancing water quality; or

(iii) Maintaining or enhancing aquatic habitats; or

(iv) Protecting the natural values associated with the esplanade reserve or esplanade strip; or

(v) Mitigating natural hazards; or

(b) To enable public access to or along any sea, river, or lake; or

(c) To enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values.

230. Requirement for esplanade reserves or esplanade strips

(1) For the purposes of ss77, 229 to 237H, 405A, and clause 5 of Part 2 of Schedule 2, the size of any allotment shall be determined before any esplanade reserve or esplanade strip is set aside or created, as the case may be.

(2) The provisions of ss229 to 237H shall only apply where s11(1)(a) applies to the subdivision.

(3) Except as provided by any rule in a district plan made under s77(1), or a resource consent which waives, or reduces the width of, the esplanade reserve, where any allotment of less than 4 ha is created when land is subdivided, an esplanade reserve 20 m in width shall be set aside from that allotment along the mark of mean high water springs of the sea, and along the bank of any river or along the margin of any lake, as the case may be, and shall vest in accordance with s231.

(4) For the purposes of subsection (3), a river means a river whose bed has an average width of 3 m or more where the river flows through or adjoins an allotment; and a lake means a lake whose bed has an area of 8 ha or more.

(5) If any rule made under s77(2) so requires, but subject to any resource consent which waives, or reduces the width of, the esplanade reserve or esplanade strip, where any allotment of 4 ha or more is created when land is subdivided, an esplanade reserve or esplanade strip shall be set aside or created from that allotment along the mark of mean high water springs of the sea and along the bank of any river and along the margin of any lake, and shall vest in accordance with s231 or be created in accordance with s232, as the case may be.

231. Esplanade reserves to vest on subdivision

(1) An esplanade reserve required under s230 or s236 –

(a) Shall be set aside as a local purpose reserve for esplanade purposes under the Reserves Act 1977; and

(b) Shall vest in and be administered by the territorial authority.

(2) Nothing in this Part shall prevent the change of classification or purpose of an esplanade reserve in accordance with the Reserves Act 1977 or the exercise of any other power under that Act.

(3) Every survey plan submitted to the territorial authority under s223 shall show the area of land to be so set aside.

232. Creation of esplanade strips

(1) An esplanade strip of the width specified in a rule in a district plan made under s77 may be created for any purpose specified in s229 by the registration of an instrument between the territorial authority, and the subdividing owner, prepared in accordance with this section.

(2) Every such instrument shall –

(a) Be in accordance with Schedule 10; and

(b) Be in the prescribed form; and

(d) Create an interest in land, and may be registered under the Land Transfer Act 1952; and

(e) When registered with the District Land Registrar, run with and bind the land that is subject to the instrument; and

(f) Bind every mortgagee or other person having an interest in the land, without that person’s consent.

(3) Where an esplanade strip is created, that strip may be closed to public entry under s237C.

(4) When deciding under s220(1)(a) which matters shall be provided for in the instrument, the territorial authority shall consider –

(a) Which provisions in clauses 2, 3, and 7 of Schedule 10 (if any) to modify (including the imposition of conditions) or to exclude from the instrument; and

(b) Any other matters that the territorial authority considers appropriate to include in the instrument.

(5) When deciding under subsection (4) which provisions (if any) to modify or exclude or what other matters to include, the territorial authority shall consider –

(a) Any relevant rules in the district plan; and

(b) The provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and

(d) The use of the strip and adjoining land by the owner and occupier; and

(e) The use of the river, lake, or coastal marine area within or adjacent to the strip; and

(f) The management of any reserve in the vicinity.

233. Effect of change to boundary of esplanade strip

(1) Where, for any reason, the mark of any mean high water springs or the bank of any river or the margin of any lake alters, and the alteration affects an existing esplanade strip within an allotment, a new esplanade strip coinciding with such alteration shall be deemed to have been created simultaneously with each and every such alteration within the allotment.

(2) Any instrument creating any existing esplanade strip shall continue in existence and shall apply to a new esplanade strip created under subsection (1) without alteration, except as to location of the strip.

(3) Every esplanade strip created by subsection (1) shall be of such dimensions and be situated and subject to the same conditions as if it had been created by an instrument continued under subsection (2) and shall extinguish in whole or in part, as the case may require, the existing esplanade strip which would have continued but for the alterations referred to in subsection (1).

(4) Subject to this section, the provisions of this Act shall apply to every esplanade strip created by subsection (1).

(5) Any person having an interest in land affected by the new esplanade strip created under subsection (1) shall be bound by the instrument applying to that strip.

234. Variation or cancellation of esplanade strips

(1) The registered proprietor of any land subject to an esplanade strip may apply to the territorial authority to vary or cancel the instrument creating the strip.

(2) The application shall include –

(a) A description of the strip and its location; and

(b) An assessment of the effects of varying or cancelling the strip.

(3) The territorial authority may at any time initiate a proposal to vary or cancel the instrument creating an esplanade strip by preparing a statement covering the matters specified in subsection (2); and references to an application in this section shall include a statement made under this subsection.

(4) Upon receipt of an application under subsection (1) by the territorial authority, or after the preparation of a statement by the territorial authority under subsection (3), the provisions of ss127-132 shall apply as appropriate, with all necessary modifications.

(5) The territorial authority, when considering an application to vary or cancel any instrument creating an esplanade strip shall have regard to –

(a) Those matters set out in s104(1), with all necessary modifications; and

(b) The purpose or purposes, as set out in s229, for which the strip was created; and

(c) Any change in circumstances which has made the strip or any of the conditions in the instrument creating the strip inappropriate or unnecessary.

(6) After considering the application for variation or cancellation of an instrument creating an esplanade strip, the territorial authority –

(a) May grant the application, with or without modifications; or

(b) May decline the application.

(7) When all the appeals (if any) are finally determined, the territorial authority shall lodge for registration with the District Land Registrar a certificate, signed by the chief executive or other authorised officer of the territorial authority, specifying the variations to the instrument or that the instrument is cancelled, as the case may be.

(8) The District Land Registrar shall make an appropriate entry in the register and on the instrument noting that the instrument has been varied or cancelled, and the instrument shall take effect as so varied or cease to have any effect, as the case may be.

235. Creation of esplanade strips by agreement

(1) An esplanade strip may at any time be created for any of the purposes specified in s229 by agreement between the registered proprietor of any land and the local authority, and the provisions of ss229, 232, 233, 234, 237(2), and 237C shall apply, with all necessary modifications.

(2) No instrument for an esplanade strip by agreement may be registered with the District Land Registrar unless every person having a registered interest in the land has endorsed his or her consent on the instrument.

236. Where land previously set aside or reserved

Where –

(a) Land along the mean high water mark or the mark of mean high water springs of the sea, or

along the bank of any river, or along the margin of any lake, has –

(i) Been set aside as an esplanade reserve under this Part, or has been reserved for the purpose specified in s289 of the Local Government Act 1974, or for public purposes pursuant to s29(1) of the Counties Amendment Act 1961 or s11 of the Land Subdivision in Counties Act 1946; or

(ii) Been set aside or reserved for public recreation purposes pursuant to any other enactment (whether passed before or after the commencement of this Act and whether or not in force at the commencement of this Act); or

(iii) Been reserved from sale or other disposition pursuant to s24 of the Conservation Act 1987, or s58 of the Land Act 1948, or the corresponding provisions of any former Act; and

(b) A survey plan of land adjoining that land previously set aside or reserved is submitted to the territorial authority under s223 – then, notwithstanding that any land of the kind referred to in paragraph (a) has been previously reserved or set aside but subject to any rule in a district plan or any resource consent, there may, as a condition of consent under s220(1)(aa), be set aside on the survey plan an esplanade reserve adjoining the land previously set aside or reserved, which shall –

(i) The width required by a rule in a district plan under s77 for an esplanade reserve, if any, where any allotment 4 ha or more is created when land is subdivided; or

(ii) The width required by a rule in a district plan under s77 for an esplanade reserve, if any, where any allotment less than 4 ha is created when land is subdivided; or

(iii) Where any allotment less than 4 ha is created when land is subdivided, and there is no rule in a district plan under s77, then 20 m as required under s230.

237. Approval of survey plans where esplanade reserve or esplanade strips required

(1) Subject to subsection (3), the territorial authority shall not approve a survey plan unless any esplanade reserve or esplanade strip required under this Part is shown on the survey plan.

(2) Notwithstanding anything in the Land Transfer Act 1952, an esplanade strip shall not be required to be surveyed, but where an esplanade strip is shown on the survey plan, it shall be clearly identified in such manner as the Chief Surveyor considers appropriate.

(3) Where –

(a) An esplanade reserve or esplanade strip is required under this Part in respect of a subdivision which is to be effected by the grant of a cross lease or company lease or by the deposit of a unit plan; and

(b) It is not practical to show the esplanade reserve or esplanade strip on the survey plan submitted for approval under s223 (in this section referred to as the “primary survey plan”) – the territorial authority, after consultation with the District Land Registrar, shall not approve the primary survey plan until a separate survey plan showing the esplanade reserve or esplanade strip has been prepared and submitted to the territorial authority for approval under this section.

(4) Where the territorial authority approves a separate survey plan under subsection (3) –

(a) A memorandum to that effect shall be endorsed on the primary survey plan and the separate survey plan; and

(b) A District Land Registrar or a Registrar of Deeds shall not deposit the primary survey plan and (in respect of a subdivision by the Crown) the District Land Registrar shall not issue a certificate of title for any separate allotment on the primary survey plan approved by the Chief Surveyor for the purposes of s228, unless the separate survey plan on which the esplanade reserve or esplanade strip is shown is deposited prior to, or at the same time as, the primary survey plan.

(5) Subject to this section, nothing in s11 or this Part applies to a separate survey plan approved by a territorial authority under this section.

237A. Vesting of ownership of land in coastal marine area or bed of lake or river in the Crown or territorial authority

(1) Where a survey plan is submitted to a territorial authority in accordance with s223, and any part of the allotment being subdivided is the bed of a river or lake or is within the coastal marine area, the survey plan shall –

(a) Show as vesting in the territorial authority –

(i) Such part of the allotment as forms part of the bed of a river or lake and adjoins an esplanade reserve shown as vesting in the territorial authority; or

(ii) Such part of the allotment as forms part of the bed of a river or lake and is required to be so vested as a condition of a resource consent:

(b) Show as vesting in the Crown any part of the allotment that is in the coastal marine area.

(2) Any requirement to vest the bed under subsection (1)(a)(i) or subsection (1)(b) shall be subject to any rule in a district plan or any resource consent which provides otherwise.

237B. Access strips

(1) A local authority may agree with the registered proprietor of any land to acquire an easement over the land, and may agree upon the conditions upon which such an easement may be enjoyed.

(2) Any such easement shall –

(a) Be executed by the local authority and the registered proprietor; and

(b) Be in the prescribed form; and

(3) When deciding which matters shall be provided for in the easement, the parties shall consider –

(a) Which provisions in clauses 2, 3, and 7 of Schedule 10 (if any) to modify (including by the imposition of conditions) or to exclude from the easement; and

(b) Any other matters that the local authority and registered proprietor consider appropriate to include in the easement.

(4) When deciding under subsection (3) which provisions (if any) to modify or exclude or what other matters to include, the parties shall consider –

(a) Any relevant rules in the district plan; and

(b) The provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and

(d) The use of the strip and adjoining land by the owner and occupier; and

(e) Where appropriate, the use of the river, lake, or coastal marine area within or adjacent to the access strip; and

(f) The management of any reserve in the vicinity.

(5) Any such easement shall take effect when registered at the office of the District Land Registrar.

(6) An access strip may be closed to public entry under s237C.

(7) No easement for an access strip may be registered with the District Land Registrar unless every person having a registered interest in the land has endorsed his or her consent on the easement.

(8) The registered proprietor and the local authority may, by agreement, vary or cancel the easement if the matters in subsection (4) and any change in circumstances have been taken into account; and in any such case the provisions of s234(7) and (8) shall apply, with all necessary modifications.

237C. Closure of strips to public

(1) An esplanade strip or access strip may be closed to the public for the times and periods specified in the instrument or easement under Schedule 10, or by the local authority during periods of emergency or public risk likely to cause loss of life, injury, or serious damage to property.

(2) The local authority shall ensure, where practicable, that any closure specified in the instrument or easement, or any closure for safety or emergency reasons, is adequately notified (including notification that it is an offence to enter the strip during the period of closure) to the public by signs erected at all entry points to the strip, unless the instrument or easement provides that another person is responsible for such notification.

237D. Transfers to the Crown or regional council

(1) Notwithstanding the provisions of the Reserves Act 1977, the Minister of Conservation or a regional council may, with the prior written agreement of the territorial authority, declare by notice in the Gazette that an esplanade reserve, or any part of an esplanade reserve, –

(a) Shall cease to be vested in and administered by the territorial authority but instead shall vest in the Crown or the regional council; and

(b) Shall have such classification under the Reserves Act 1977 as may be specified in the Gazette notice, or shall be included in any existing reserve under that Act, – and, subject to the provisions of the Reserves Act 1977, the reserve shall be administered in accordance with that classification.

(2) The Minister of Conservation or a regional council may, with the prior written agreement of the territorial authority, declare by notice in the Gazette that the bed of any river or lake shall cease to be vested in the territorial authority but instead shall vest in the Crown or the regional council, as the case may be.

(3) The notice shall be registered in the office of the District Land Registrar.

237E. Compensation for taking of esplanade reserves or strips on allotments of less than four hectares

(1) Where an allotment of less than 4 ha is created when land is subdivided, no compensation for esplanade reserves or esplanade strips shall be payable for any area of land within 20 m 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 m is required to be set aside on an allotment of less than 4 ha created when land is subdivided, the territorial authority shall pay compensation for the area of the esplanade reserve or esplanade strip above 20 m, to the registered proprietor of that allotment, unless the registered proprietor agrees otherwise.

237F. Compensation for taking of esplanade reserves or strips on allotments of four hectares or more

Where any esplanade reserve or esplanade strip of any width is required to be set aside or created on an allotment of 4 ha or more created when land is subdivided, the territorial authority shall pay to the registered proprietor of that allotment compensation for any esplanade reserve or any interest in land taken for any esplanade strip, unless the registered proprietor agrees otherwise.

237G. Compensation for taking of land below mean high water springs or of bed of lake or river

Where –

(a) Land is vested in the Crown or a territorial authority in accordance with s237A; and

(b) The land vested under s237A adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 ha or more created when land is subdivided, – the Crown or territorial authority, as the case may be, shall pay compensation to the registered proprietor of that land, unless the registered proprietor agrees otherwise.

237H. Valuation

(1) If the territorial authority or Crown, as the case may be, and the registered proprietor cannot agree as to the amount of compensation, including any additional survey costs, payable under s237E, s237F, or s237G, the amount shall be determined by a registered valuer agreed on by the parties (or, failing agreement, nominated by the President of the New Zealand Institute of Valuers), who shall provide a copy of the determination to all parties.

(2) The territorial authority or Crown, as the case may be, or the registered proprietor who is dissatisfied with the determination under subsection (1) may, within 20 working days after service of the determination, object to the determination to the registered valuer in writing, stating the grounds of objection.

(3) Sections 34, 35, 36, and 38 of the Rating Valuations Act 1998 (and any regulations made under that Act relating to reviews and objections), as far as they are applicable and with all necessary modifications, are to apply to the objection as if –

(a) The registered valuer had been appointed by a territorial authority to review the objection; and

(b) The review had been made under s34 of that Act; and

(c) The references to a territorial authority in ss34(4), 35, and 36 of that Act were references to the registered valuer.

Esplanade Area provisions of the Resource Management Act 1991

Esplanade reserves

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