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Plan topics Esplanade reserves, esplanade strips and access strips under the RMA
General Requirements of the RMA for the Creation of Esplanade Areas
1 Esplanade Areas created through subdivision of private landa) An esplanade reserve or esplanade strip can be taken for one or more of the purposes of protection of conservation values, provision of public access, or provision of recreational use (that is compatible with the conservation values) when privately owned land is subdivided.
b) The taking of an esplanade reserve or esplanade strip when land is subdivided is restricted to allotments which abut the coast, lakes or rivers.
c) Where an allotment of less than 4 ha is created, the presumption is that an esplanade reserve of 20 m width will be set aside where the lot adjoins the coast, rivers whose bed width is an average of 3 m or more, and lakes whose bed is 8 ha or more in area (Note: for esplanade area purposes the bed is measured at annual fullest flow or level. Refer to the definition of bed in s2). However, a rule in a district plan can alter this presumption so that either no reserve is required, or the width of the reserve is to be greater or less than 20 m, or an esplanade strip is required instead (Note: the size threshold applies before any esplanade reserve or strip is actually taken).
d) Where an allotment of 4 ha or greater is created, the presumption is that an esplanade reserve will not be taken on the allotment. This presumption can be altered by a rule in a district plan that specifies the circumstances in which an esplanade reserve or esplanade strip can be taken. In this case there is no minimum size of the water body to which the requirements apply.
e) An esplanade reserve taken on subdivision vests in the territorial authority, but may be transferred to the Crown or a regional council by agreement.
f) Where a reserve or strip of 20 m or less in width is taken on an allotment less than 4 ha in area, no compensation is payable. Where an esplanade reserve or strip is over 20 m wide then compensation is paid to the landowner by the territorial authority, but only in respect of the additional area outside that defined by the 20 m zone. Compensation is also payable by the territorial authority where an esplanade strip or reserve is taken on allotments of 4 ha or greater. Compensation includes any additional surveying costs.
g) Where part of the bed of a river or lake is contained in an allotment being subdivided then that part of the bed adjoining any esplanade reserve to be created is to be transferred to the territorial authority and compensation is paid. If an allotment extends onto the seabed then that part of the bed adjoining any esplanade reserve to be created will be transferred to the Crown and it will pay compensation.
h) Where compensation is payable, the amount of compensation will be determined by agreement between the parties involved. If agreement can not be reached, the amount of compensation will be determined under the provisions of the Valuation of Land Act 1951.
2 Esplanade Areas created through reclamationsa) A regional council may state in its regional policy statement and/or any relevant regional plans the circumstances where esplanade reserves or esplanade strips are to be created on a reclamation of either river beds, lake beds, or the foreshore and seabed. This will guide the council in determining any esplanade reserves or strips that may be required as a condition of granting a resource consent for reclamation, and in conducting its functions in relation to approval of survey plans submitted under s245 of the RMA.
b) Even if there is no such policy in place, a regional council can require the creation of an esplanade reserve or esplanade strip as a condition on any specific resource consent that it grants for a reclamation.
3 Esplanade Areas created through road stoppingSection 345 of the Local Government Act 1974 requires the first 20 m of any road stopped adjoining the coast, rivers over 3 m wide and lakes over 8 ha to be set aside as an esplanade reserve. This includes paper roads. Under s77 of the RMA the width of any such reserve can be varied by a rule in a district plan.
4 Esplanade Areas created through conditions on resource consentsEsplanade reserves or strips can be imposed as a condition on any resource consent provided they are in accordance with the purposes specified in a district or regional plan (refer ss108 (9) and (10)).
5 Esplanade areas voluntarily createda) Voluntary creation of esplanade strips and access strips can be initiated by either a landowner or a district or regional council at any time.
b) There is no restriction on the width of the river or size of lake to which voluntary creation of an esplanade strip applies.
