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Reserves Act 1977 (RA 1977)

Under the Reserves Act 1977, an esplanade reserve is either:

• a local purpose reserve within the meaning of s23 of RA 1977, if vested in the territorial authority under s239 of the RMA, or
• a reserve vested in the Crown or a regional council under s237D of the RMA, and which is vested in the territorial authority, regional council or the Crown for a purpose or purposes set out in s229 of the RMA.

Esplanade reserves are set aside as local purpose reserves for esplanade purposes under the Reserves Act 1977, and are vested in, and administered by, territorial authorities (s23(1) RA 1977).

Territorial authorities assume responsibility for the ongoing management of esplanade reserves; this includes ensuring unrestricted pedestrian access over these reserves unless required for the purposes of land stability or preservation of biological values (s23(2) RA 1977).

Reserves are surveyed and shown on a survey plan and are unaltered by any movement of a water body until the land is re-subdivided under s236 of the RMA.

What is the function of the RA 1977?

The RA 1977 has three main functions:

• to provide for the preservation and management, for the benefit and enjoyment of the public, areas of New Zealand with some special feature or value. For example, the reserve may have value for recreation, education, as wildlife habitat or as an interesting landscape
• to ensure, as far as practicable, the preservation of representative natural ecosystems or landscapes and the indigenous species of flora and fauna, both rare and commonplace, they contain
• to ensure, as far as practicable, the preservation of access for the public to the coastline, islands, lakeshore and riverbanks and to encourage the protection and preservation of the natural character of these areas.

The RA 1977 provides for the acquisition of land for reserves, and the classification and management of reserves (including leases and licences).

There are seven categories of reserve: recreation reserves (s17), historic reserves (s18), scenic reserves (s19), nature reserves (s20), scientific reserves (s21), government-purpose reserves (s22) and local-purpose reserves (s23).

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