Appendix 12 - Counties Amendment Act 1961
29. Reserves along seashore and banks of lakes, rivers, etc – (1) On every scheme plan submitted to the Council under the provisions of this Part of this Act there shall be set aside as reserved for public purposes a strip of land not less than 66 feet in width along the mean high-water mark of the sea and of its bays, inlets, or creeks, and along the margin of every lake with an area in excess of 20 acres, and, unless the Council, with the consent of the Minister of Lands, considers it unnecessary so to do, along the banks of all rivers and streams which have an average width of not less than 10 feet, not being rivers or streams, or parts of rivers or streams, exempted from the provisions of the subsection pursuant to subsection (4) of this section:
Provided that the Council, with the consent of the Minister of Lands, may approve the reduction of the width of the strip of land to a width of not less than 10 feet if in its opinion the reduced width will be sufficient to give members of the public reasonable access to the sea, lake, river, or stream:
Provided also that, in the case of commercial or industrial land where access to the sea is essential for the use of adjoining land or in the case of an artificial boat harbour, the Council, with the consent of the Minister of Lands, may dispense with the requirements of this subsection.
[(1A) The strip of land required to be reserved pursuant to subsection (1) of this section shall be so reserved only in respect of so much of the land in the scheme plan as abuts on the sea, lake, river, or stream as aforesaid and adjoins any allotment having an area of less than 10 acres.]
[(1B) Where –
(a) Pursuant to subsection (1) of this section or the provisions of any other enactment (whether passed before or after the commencement of this subsection, and whether or not in force at the commencement of this subsection), a strip of land less than 66 feet in width has been set aside as reserved for public purposes along the mean high-water mark of the sea or of any of its bays, inlets, or creeks, or along margin of any lake, or along any bank of any river or stream and
(b) A scheme plan of subdivision of land contiguous to that strip of land is subsequently submitted to the Council under the provisions of this part of this Act, -
then, notwithstanding the provisions of subsection (5) of this section, the Council may, as a condition of its approval of the scheme plan, require the owner to set aside as reserved for public purposes a strip of land contiguous to the strip of land previously set aside and of a width determined by the Council, being not more than the difference between the width of the strip of land previously set aside and 66 feet.
(1C) The strip of land required to be reserved pursuant to subsection (1B) of this section shall be so reserved only in respect of so much of the land in the scheme plan as abuts on the strip of land reserved, pursuant to subsection (1) of this section or the corresponding provisions of any other enactment on the earlier subdivision and adjoins any allotment having an area of less than 10 acres.
(1D) Where in the opinion of the Council it is in the public interest that a road or part of a road be dedicated within the area required to be set aside as reserved for public purposes pursuant to subsection (1) or subsection (1B) of this section, then, with the consent of the Minister of Lands, the dedication of that road or part of that road which lies within the area set aside may be accepted in satisfaction of and in substitution for the area or part of the area, as the case may be, that would otherwise be required to set aside under this section.]
(2) In any case where a strip of land is set aside as required by subsection (1) of this section and any land below the mean high-water mark of the sea or of its bays, inlets, or creeks or, as the case may be, any part of the bed of the lake or river or stream is vested in the person in whom the land shown in the scheme plan is vested, the Council may require as a condition of its approval of the scheme plan that the owner shall execute, or obtain the execution of, and register, a transfer to Her Majesty of the whole or a specified part of the land below the mean high-wager mark or, as the case may be, of the bed of the lake or river or stream which is vested as aforesaid.
(3) No land set aside as a reserve, or transferred to Her Majesty, pursuant to this section shall be taken into account for the purposes of section 28 of this Act, except to such extent (if any) as the Council allows.
(4) The Minister of Lands may from time to time declare that section (1) of this section shall not apply with respect to the banks, or any specified bank, of any specified river or stream, or part of any specified river or stream, of an average width of less than 33 feet.
(5) Every decision of the Minister of Lands under this section shall be final.
Subs. (1A) was inserted by s. 22 of the Counties Amendment Act 1964.
Subs. (1B) – (1D) were inserted by s. 41 of the Counties Amendment Act 1968.
28. Reserves along seashore and banks of lakes, rivers, etc. –
(1) Section 29 of the Counties Amendment Act 1961 is hereby amended by repealing subsection (1A) (as inserted by section 22 of the Counties Amendment Act 1964), and substituting the following subsection:
"(1A) The strip of land required to be reserved pursuant to subsection (1) of this section along the bank of any river or stream shall, in any case where the river or stream has an average width of 3 metres or more but less than 5 metres, be so reserved only in respect of so much of the land in the scheme plan as abuts on the river or stream as aforesaid and adjoins any allotment having an area of less than 4 hectares."
(2) Section 29 of the Counties Amendment Act 1961 is hereby further amended by repealing subsection (1C) (as inserted by section 41 of the Counties Amendment Act 1968), and substituting the following subsection:
"(1C) The strip of land required to be reserved pursuant to subjection (1B) of this section shall, in any case where the river or stream has an average width of more than 3 metres but less than 5 metres, be so reserved only in respect of so much of the land in the scheme plan as abuts on the strip of land reserved, pursuant to subsection (1) of this section or the corresponding provisions of any other enactment, on the earlier subdivision and adjoins any allotment having an area of less than 4 hectares."
(3) The following enactments are hereby consequentially repealed:
(a) Section 22 of the Counties Amendment Act 1964:
(b) So much of the Third Schedule to the Counties Amendment Act 1972 as relates to subsections (1A) and (1C) of section 29 of the Counties Amendment Act 1961.
Contact for Enquiries
Mark Neeson
Manager, Land and Water Policy
Pastoral House
25 The Terrace
PO Box 2526, Wellington
Phone: +64 894 0703
Fax: +64 4 894 0745
