Class

Alienation Period

Title to Margin

Public Rights

2. Road Reserves

Land granted reserved, or set apart by or under the authority of Her Majesty’s Letters Patent or Royal Instruments, or of any Ordinance of New Zealand or of New Munster respectively, or of any Act of the General Assembly, or of any Provincial Ordinance, or by the Governor-in-Chief, Governor, or Lieutenant-Governor, or by the New Zealand Company or its agents, or the Canterbury Association or its agents.4

1840 – 1854

Original Title: Crown

1840 – 1854

Access rights by implied permission on Crown land.

1854 – 1876

Provincial Government

Reservations in this period were generally completed by a grant of title to the Superintendent of the province. On abolition of the provinces in 1876 title revested in the Crown but later most reserves were granted to Councils etc though some reserves were retained by the Crown. Individual identification required.

Access rights by implied permission on provincial or Crown land.

The Land Acts of 1877, 1885, 1892, 1908, 1924 and 1948 all contain provisions enabling reserves to be set aside out of Crown land.

From 1877 to 1924 there were specific powers in the Land Acts to set aside Crown land as reserves for road. Section 167 of the Land Act 1948 (now in force) originally included general powers to set aside Crown land as reserves and these powers would have included road. Section 167 was amended in 1994 to provide the widest power possible to vest reserves and would continue to provide for road reserved along water boundaries.

1877 – present time

Original Title: Crown or County Council

Current Title: For all Road Reserves in Former Counties; Territorial Local Authority. In 1972 by s6 Counties Amendment Act 1972 all road reserves then vested in the Crown vested in the then County Council.

Access rights by implied permission on Council land.

Class

Alienation Period

Title to Margin

Public Rights

3. Marginal Strips

Reserved from sale under:
Land Act 1892; s110
Land Act 1908; s122
Land Act 1924; s129
Land Act 1948; s58
Conservation Act 1987; s24

Conservation Act 1987 as amended by Conservation Law Reform Act 1990; new part IVA

1892 – present time

Original Title: Crown

Current Title: Crown

Up until 1987 a full right of access by implied permission over Crown land until the enactment of s24 Conservation Act 1987 making access subordinate to conservation values. (Note: These strips are not reserves subject to the Reserves Act 1977 which does not apply – the land is reserved from sale as Crown land and is not a formal "reserve"). The Conservation Law Reform Act 1990 repealed s58 of Land Act 1948 and s24 Conservation Act 1987. Section 24C of the Conservation Act which states the current law says:

Purposes of marginal strips – Subject to this Act and any other Act, all marginal strips shall be held under this Act –

1. For conservation purposes, in particular –

1. The maintenance of adjacent watercourses or bodies of water; and
2. The maintenance of water quality; and
3. The maintenance of aquatic life and the control of harmful species of aquatic life; and
4. The protection of the marginal strips and their natural values; and

1. To enable public access to any adjacent watercourses or bodies of water; and
2. For public recreational use of the marginal strips and adjacent watercourses or bodies of water.

Section 24(3) Conservation Act 1987 makes the Conservation Act apply to all marginal strips:

(3) Every strip of land of any width that immediately before the commencement of this section, was reserved from sale or other disposition on any Crown land by or under this Act or any other Act, whether or not the strip was reserved for any specified purpose, shall be deemed to be reserved to the Crown as marginal strip of the same width.

Class

Alienation Period

Title to Margin

Public Rights

4. Ambulatory Marginal Strips

When s58 of the Land Act 1948 was repealed by The Conservation Law Reform Act 1990 (s37 and Schedule to the Act) a new concept was introduced. Marginal strips along water were to move as the water moved. Section 24G says:

"Effect of change to boundary of marginal strips –

1. (Where, for any reason, the shape of any foreshore or of the margin of any lake or reservoir or of any bay or inlet of any lake or reservoir is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration.
2. Where, for any reason, the course of any river or stream is altered and the alteration affects an existing marginal strip, a new marginal strip shall be deemed to have been reserved simultaneously with each and every such alteration."

1990 – present time

Land remains included in the title of the owner (s24D(6)); deemed reservation of the strip is in favour of the Crown (s24(1)).

Section 24 (C) and s24(3) of the Conservation Act 1987 as set out immediately above also apply to ambulatory marginal strips. Section 24H provides for the appointment of managers of marginal strips. By subsection 4 the manager of a marginal strip shall –

1. Manage the strip in a way that best serves the purposes specified in section 24C of this Act; and
2. Enable members of the public to have access along the strip.

Class

Alienation Period

Title to Margin

Public Rights

5. Public Reserves

Given the multiplicity of statutes applying to public reserves it is difficult to state other than general principles. In a broad sense public reserves include land granted, reserved, or set apart for public purposes by or under the authority of Her Majesty’s Letter Patent or Royal Instructions, or of any Ordinance of New Zealand or of New Munster respectively, or of any Act of the General Assembly, or of any Provincial Ordinance, or by the Governor-in-Chief, Governor, or Lieutenant-Governor, or by the New Zealand Company or its agents, or the Canterbury⁵ Association or its agents.

The range of public purposes was codified in 1881 and 1908 and the second schedule to the Public Reserves and Domains Act 1908 remains at the heart of the definition of what is a public reserve. The Reserves Act 1977 which is the legislation now in force draws on that definition through the chain of reserves statutes dating back to 1908. The second schedule is reproduced as Appendix 16 (p118)

Section (2) of the Reserves Act 1977 should be referred to for a full definition of "Reserve".

1840 – present time

Original Title: Crown; or Local Authority; or Trustees

Current Title: Crown; or Local Authority; or Trustees

The rights of the public to enter on a reserve would have to be assessed in relation to the legal purpose for holding the reserve. Refer Appendix 16 (p118). Clearly some reserves would be exclusive of public access. Some reserves if abutting water could provide access.

Section 3 of the Reserves Act 1977 says:

General purpose of this Act – (1) It is hereby declared that, subject to the control of the Minister, this Act shall be administered in the Department of [Conservation] for the purpose of –

1. Providing for the preservation and management for the benefit and enjoyment of the public, areas of New Zealand possessing –

1. Recreational use or potential, whether active or passive; or
2. Wildlife; or
3. Indigenous flora or fauna; o
4. Environmental and landscape amenity or interest; or
5. Natural, scenic, historic, cultural, archaeological, biological, geological, scientific, educational, community, or other special features or value.

2. …
3. Ensuring, as far as possible, the preservation of access for the public to and along the sea coast, its bays and inlets and offshore islands, lakeshores, and riverbanks, and fostering and promoting the preservation of the natural character of the coastal environment and of the margins of lakes and rivers and the protection of them from unnecessary subdivision and development.

(Emphasis added)

Class

Subdivision Period

Title to Margin

Public Rights

Public reserves along water taken on the subdivision of private rural land as a town under

Original Title: Crown

Current Title: Crown or Territorial Authority

Implied permission of Crown or (now) The Territorial Local Authority

1. s3 Land Laws Amendment Act 1912; and

2. s17 Land laws Amendment Act 1920; and

3. s16 land Act 1924;

Public Purpose Reserve under s11 Land Subdivision in Counties Act 1946 subject (now) to Reserves Act 1977 which in s23(2) acknowledges Esplanade status.⁶

1.1.1947 – 1.4.1962

Original Title: Crown

Current Title: Territorial Authority.

In 1961 by s44 Counties Amendment Act 1961 title vested in the then county council.

Clarified by s7 Reserves Amendment Act 1979 inserting a proviso to s23(2)(a) of the Reserves Act 1977. Public may pass and repass on foot unless the administering body determines that access should be prohibited or restricted to preserve the stability of the land or the biological values of the reserve.

Public reserves along water taken on the subdivision of private land in a city or borough.

Original Title: City or Borough Council

Current Title: Territorial Authority

Implied permission (now) Territorial Local Authority for reserves taken under Municipal Corporations Acts of 1920 and 1924.

Reserves taken by Municipal Corporations Act 1954 are classified by s7 Reserves Amendment Act 1979 inserting a proviso to s23(2)(a) of the Reserves Act 1977. Public may pass and repass on foot unless the administering body determines that access should be prohibited or restricted to preserve the stability of the land or the biological values of the reserve.

1. Section 335 Municipal Corporations Act 1920;

2. Section 332 Municipal Corporations Act 1933;

3. Sections 350-353 Municipal Corporations Act 1954.

Public Purpose Reserve under s29 Counties Amendment Act 1961 subject (now) to Reserves Act 1977 which in s23(2) acknowledges Esplanade status.⁷

1.4.1962 – 23.12.1977

Original Title: County Council

Current Title: Territorial Authority

Clarified by s7 Reserves Amendment Act 1979 inserting a proviso to s23(2)(a) of the Reserves Act 1977. Public may pass and repass on foot unless the administering body determines that access should be prohibited or restricted to preserve the stability of the land or the biological values of the reserve.

Class

Subdivision Period

Title to Margin

Public Rights

Recreation Reserve under s29 Counties Amendment Act 1961 as amended by s4 Counties Amendment Act 1977 subject to (now) Reserves Act 1977.⁸

23.12.1977 – 1.4.1979

Original Title: County Council

Current Title: Territorial Authority

General right of recreation (Note: as a recreation reserve it is not subject to s7 Reserves Amendment Act 1979 which states a right to pass and repass on foot).

Refer to s17 Reserves Act 1977.

Local Purpose Reserve under s289 Local Government Act 1974 "for the purpose of providing access and to protect the environment" as inserted by Local Government Amendment Act 1978 subject to Reserves Act 1977 which in s23(2) acknowledges Esplanade status.⁹

1.4.1979 – 1.10.1991

Original Title: Territorial Authority

Current Title: Territorial Authority

Clarified by s7 Reserves Amendment Act 1979 inserting a proviso to s23(2)(a) of the Reserves Act 1977. Public may pass and repass on foot unless the administering body determines that access should be prohibited or restricted to preserve the stability of the land or the biological values of the reserve.

Local Purpose Reserve for Esplanade Purposes under s230 Resource Management Act 1991 subject to Reserves Act 1977.¹⁰

1.10.91 – 7.10.93

Original Title: Territorial Authority

Current Title: Territorial Authority

As set out in original s229 Resource Management Act 1991. Now redundant – see commentary on s231 below.

Local Purpose Reserve for Esplanade Purposes under s231 Resource Management Act 1991 as inserted by s124 Resource Management Act 1993 subject to Reserves Act 1977.¹¹

7.10.93 – present time

Original Title: Territorial Authority

Current Title: Territorial Authority

Note: Under s237D Resource Management Act 1991 an Esplanade Reserve may be transferred from the Territorial Authority and vested in Crown or Regional Council.

By amendment in 1993 (s124 Resource Management Act Amendment)

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

1. To contribute to the protection of conservation values by, in particular, -
1. Maintaining or enhancing the natural functioning of the adjacent sea, river, or lake; or
2. Maintaining or enhancing water quality; or
3. Maintaining or enhancing aquatic habitats; or
4. Protecting the natural values associated with the esplanade reserve or esplanade strip; or
5. Mitigating natural hazards; or
2. To enable public access to or along any sea, river, or lake; or
3. To enable recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values.

Note: The sub-paragraphs (a) (b) and (c) are disjunctive meaning that an esplanade reserve or strip may be created for all or any one of these purposes. There may be no public access.

Esplanade Strip under s232 Resource Management Act 1991 as inserted by s124 Resource Management Amendment Act 1993¹²

7.10.93 to present time

Land remains vested in Owner. Instrument creating the strip is in favour of Territorial Authority

Do

 Class

Subdivision Period

Title to Margin

Public Rights

Public (Esplanade) reserves along water taken on partition of Maori land in a city, borough or county.

1. Section 432 Maori Affairs Act 1953 – deems partition to be subdivision for purposes Municipal Corporations Act 1933 and later the Act of 1954.¹³

Original Title: City or Borough Council

Current Title: Territorial Authority 

2. Section 432A Maori Affairs Act 1953 (inserted by s23(1) Maori Affairs Amendment 1967) deems partition to be a subdivision for purposes of Counties Amendment Act 1961.¹⁴

Original Title: County Council

Current Title: Territorial Authority

"

3. The original s432 and also s432A were repealed by s3(4) and the second schedule to the Local Government Amendment Act 1978 which enacted a new s432 to apply to cities, boroughs and counties.¹⁵

Original Title: City, Borough or County Council

Current Title: Territorial Authority

"

4. Section 432 was in turn repealed by and later from 1989 to city and district councils s362 and the 8^th schedule to the Resource Management Act 1991 and a new s432 substituted to apply to partitions in all Territorial Authority districts.^{16, 18}

Original Title: Territorial Authority

Current Title: Territorial Authority

"

5. Section 303 of Te Ture Whenua Maori Maori Land Act 1993 replaced s432 (as inserted by The Resource Management Act 1991) to apply to all partitions in all Territorial Authority districts.^{17, 19}

Section 303 vested esplanade strips in the Territorial Authority in the conventional way. This was soon to change in 2002 with Maori retaining title but dedicating a reservation to public usage.

 1.7.1993-1.7.2002

 Original Title: Territorial Authority

Current Title: Territorial Authority