Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s229 is listed below for reference.

"229 Meaning and purposes of 'esplanade reserve'—

"(1) In this Act the term 'esplanade reserve' means a reserve within the meaning of the Reserves Act 1977, which shall be either—

"(a) A local purpose reserve within the meaning of section 23 of that Act, if vested in the territorial authority under section 239; or

"(b) A reserve vested in the Crown under section 236.

"(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

"(v) Mitigating natural hazards; and

"(b) To enable public access to or along the sea, a river, or a lake; and

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

"(3) Nothing in this section or section 236 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."

(1) For the purposes of sections 77, 229 to 237H, 405A, and clause 5 of Part 2 of the 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 sections 229 to 237H shall only apply where section 11(1)(a) applies to the subdivision.

(3) Except as provided by any rule in a district plan made under section 77(1), or a resource consent which waives, or reduces the width of, the esplanade reserve, where any allotment of less than 4 hectares is created when land is subdivided, an esplanade reserve 20 metres 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 section 231.

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

(5) If any rule made under section 77(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 hectares 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 section 231 or be created in accordance with section 232, as the case may be.]

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s230 is listed below for reference.

"230 Esplanade reserves to vest on subdivision—

"(1) A strip of land not less than 20 metres in width 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, as the case may be,—

"(a) Shall be set aside from any land being subdivided as an esplanade reserve; and

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

"(2) Every survey plan submitted to the territorial authority under section 223 shall show the area of land to be so set aside.

"(3) This section is subject to sections 231 and 232."

(1) An esplanade reserve required under section 230 or section 236—

(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 section 223 shall show the area of land to be so set aside.]

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s231 is listed below for reference.

"231 Vesting where strip of land previously set aside or reserved—

"Where—

"(a) A strip of 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 either—

"(i) Been set aside as an esplanade reserve under this section or been reserved for the purpose specified in section 289 of the Local Government Act 1974, or for public purposes pursuant to section 29(1) of the Counties Amendment Act 1961 or section 11 of the Land Subdivision in Counties Act 1946; or

"(ii) Been set aside or reserved for 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 section 24 of the Conservation Act 1987 or section 58 of the Land Act 1948 or the corresponding provisions of any former Act; and

"(b) A survey plan of land adjoining that strip of land is submitted to the territorial authority under section 223,—

then, notwithstanding that any strip of land of a kind referred to in paragraph (a) has been previously reserved or set aside, there shall be set aside on the survey plan as an esplanade reserve under section 230 a strip of land—

"(c) Adjoining the strip of land previously set aside; and

"(d) Of a width that is the difference between the width of the strip of land previously set aside and not less than 20 metres from the mark of mean high water springs of the sea, and along the bank of any river, and along the margin of any lake, as the case may be."

(1) An esplanade strip of the width specified in a rule in a district plan made under section 77 may be created for any purpose specified in section 229 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—

(3) Where an esplanade strip is created, that strip may be closed to public entry under section 237C.

(4) When deciding under section 220(1)(a) which matters shall be provided for in the instrument, the territorial authority shall consider—

(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—

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s232 is listed below for reference.

"232 Width of esplanade reserve subject to district plan

"(1) Any requirement under this Part to set aside a strip of land as an esplanade reserve is subject to any rule included in a district plan under section 77 (which enables rules to be made providing for esplanade reserves to be of a width greater or less than 20 metres), and sections 230 and 231 shall be read accordingly.

"(2) No resource consent shall be granted to do anything that would otherwise contravene a rule included in a district plan under section 77."

(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.]

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s233 is listed below for reference.

"233 Approval of survey plans where esplanade reserve required—

"(1) Subject to subsection (2), the territorial authority shall not approve a survey plan unless any esplanade reserve required under this Part is shown on the survey plan.

"(2) Where—

"(a) An esplanade reserve 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 set aside the esplanade reserve on the survey plan submitted for approval under section 223 (in this section referred to as the 'primary survey plan'),—

the territorial authority shall not approve the primary survey plan until a separate survey plan showing the esplanade reserve to be set aside has been prepared and submitted to the territorial authority for approval under this section.

"(3) Where the territorial authority approves a separate survey plan under subsection (2),—

"(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 section 228, unless the separate survey plan on which the esplanade reserve is set aside is deposited prior to, or at the same time as, the primary survey plan.

"(4) Subject to this section, nothing in section 11 or this Part applies to a separate survey plan approved by a territorial authority under this section."

(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—

(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 sections 127 to 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—

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

(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 principal administrative officer 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.]

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s234 is listed below for reference.

"234 Relationship with conditions imposed under section 220—

"No land set aside as an esplanade reserve, or transferred to the Crown pursuant to section 235, shall be taken into account for the purposes of a condition imposed under section 220(1)(a)."

(1) An esplanade strip may at any time be created for any of the purposes specified in section 229 by agreement between the registered proprietor of any land and the local authority, and the provisions of sections 229[, 232, 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.]

Hist. s235(1): Words ", 232, 234, 237(2), and 237C" substituted for omitted words "to 234 and sections 236 to 237D" on 17 December 1997 by 1997 No 104, s44.

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s235 is listed below for reference.

"235 Vesting of ownership of land below mean high water springs or bed of lake or river in Crown—

"(1) Where—

"(a) A survey plan is submitted to a territorial authority in accordance with section 223; and

"(b) Any land below the mean high water springs of the sea, or any part of the bed of a river or lake, is vested in the owner of the land to which the survey plan relates; and

"(c) The Minister of Conservation does not waive the vesting under this section,—

the survey plan shall show as vesting in the Crown such part of the land as is below the mean high water springs of the sea, or as forms part of the bed of that river or lake, as the case may be.

"(2) The territorial authority concerned shall not approve a survey plan unless any part of the land required to vest in the Crown under subsection (1) is shown on the survey plan."

Where—

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 section [220(1)(aa)], be set aside on the survey plan an esplanade reserve adjoining the land previously set aside or reserved, which shall—

Hist. s236: Expression "220(1)(aa)" substituted for omitted expression "220(1)(ab)" on 17 December 1997 by 1997 No 104, s45.

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s236 is listed below for reference.

"236 Transfer of esplanade reserve to the Crown—

"Notwithstanding the provisions of the Reserves Act 1977, the Minister of Conservation 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; 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 by the Minister of Conservation in accordance with that classification."

(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—

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)—

(5) Subject to this section, nothing in section 11 or this Part applies to a separate survey plan approved by a territorial authority under this section.]

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124. The repealed s237 is listed below for reference.

"(1) Subject to subsection (2), where an esplanade reserve of a width greater than 20 metres is required by a district plan to be set aside on a survey plan, the territorial authority shall pay compensation to the subdividing owner (or the owner's personal representative).

"(2) The amount of compensation payable under subsection (1) shall be equal to the value of the land described in paragraph (a) less the value, as at the date of deposit of the survey plan, of the land described in paragraph (b):

"(a) The total area of that part of the esplanade reserve required to be set aside on a survey plan which is more than 20 metres from the mark of mean high water springs of the sea, or along the bank of any river, or along the margin of any lake, as the case may be:

"(b) Any area of land within 20 metres from the mark of mean high water springs of the sea, or along the bank of any river, or along the margin of any lake, as the case may be, which is not required to be set aside as esplanade reserve on the survey plan by reason of a rule included in a district plan under section 77.

"(3) In the event that the territorial authority and the subdividing owner (or the owner's personal representative) cannot agree as to the amount of compensation payable under subsection (1), the amount shall be determined by the Valuer-General.

"(4) The Valuer-General shall give a copy of a valuation made under subsection (3) to the subdividing owner who may, if dissatisfied, within one month of receipt of the valuation from the Valuer-General, object to the valuation. Any such objection shall be in writing, shall be addressed to the Valuer-General, and shall state the grounds of objection.

"(5) Sections 20 and 22 of the Valuation of Land Act 1951 shall, so far as they are applicable and with the necessary modifications, apply to an objection made under subsection (4) as if that objection were an objection to an altered valuation under that Act."

(1) Where a survey plan is submitted to a territorial authority in accordance with section 223, 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—

(b) Show as vesting in the Crown—

if such vesting of land in the Crown has the written agreement of the Minister of Conservation.

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

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124.

(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

{ Editorial Note: Prescribed form is in SR 1991/170. }

(c) Contain the relevant provisions in accordance with the Schedule 10.

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

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

(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 section 237C.

(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 section 234(7) and (8) shall apply, with all necessary modifications.]

(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 the 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.]

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124.

(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,—

and, subject to the provisions of the Reserves Act 1977, the reserve shall be administered by the Minister of Conservation or the regional council, as the case may be, 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.]

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124.

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

Where any esplanade reserve or esplanade strip of any width is required to be set aside or created on an allotment of 4 hectares 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.]

(a) Land is vested in the Crown or a territorial authority in accordance with section 237A; and

(b) The land vested under section 237A adjoins, or would adjoin if it were not for an esplanade reserve, any allotment of 4 hectares 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.]

Hist. s229 - s237H: Substituted for repealed s229 - s237 on 7 July 1993 by 1993 No 65, s124.

(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 section 237E, section 237F, or section 237G, 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—

(4) For the purposes of this section and of sections 237E to 237G, the amount of compensation shall be equal to—

(b) In the case of an esplanade strip, the value of the interest in land created—

and any additional survey costs incurred by reason of the esplanade reserve or esplanade strip, as the case may be, as at the date of the deposit of the survey plan.]

Hist. s237H(1): Words "a registered valuer . . . Institute of Valuers)" substituted for omitted words "the Valuer-General" on 1 July 1998 by 1998 No 69, s54(1).

Hist. s237H(2) & (3): Repealed and substituted on 1 July 1998 by 1998 No 69, s54(1). The repealed s237H(2) & (3) are listed below for reference.

"(2) The territorial authority or the registered proprietor may, if dissatisfied with the determination, within 20 working days of its receipt from the Valuer-General, object to the Valuer-General, in writing, stating the grounds of objection to the determination.

"(3) Sections 20 and 22 of the Valuation of Land Act 1951 shall, so far as they are applicable and with the necessary modifications, apply to an objection made under subsection (3) as if the objection were an objection to an altered valuation under that Act."

(1) When a District Land Registrar or Registrar of Deeds deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies, the land shown on the survey plan as road to be vested in a local authority or the Crown vests, free from [all interests in land including any] encumbrances (without the necessity of any instrument of release or discharge or otherwise),—

(2) This section has effect notwithstanding section 168 of the Land Transfer Act 1952 (which relates to the dedication of roads for public purposes).

Hist. s238(1): Words "all interests in land including any" inserted on 7 July 1993 by 1993 No 65, s125.

(1) When a District Land Registrar or a Registrar of Deeds deposits a survey plan, or a Chief Surveyor approves a survey plan to which section 228 applies,—

[(2) Notwithstanding subsection (1), the land may be vested subject to any specified interest which the territorial authority has certified, on the survey plan, shall remain with the land.

[(3) Any land vested in the Crown shall, unless this Act provides otherwise,—

Hist. s239(1)(a): Words "all interests in land, including any" inserted on 7 July 1993 by 1993 No 65, s126(1)(a).

Hist. s239(1)(b): Words "all interests in land, including any" inserted on 7 July 1993 by 1993 No 65, s126(1)(b).

Hist. s239(1)(b): Word "; and" added on 7 July 1993 by 1993 No 65, s126(1)(c).

Hist. s239(1)(c): Added on 7 July 1993 by 1993 No 65, s126(2).

Hist. s239(3): Repealed and substituted on 25 November 1994 by 1994 No 113, s4. The repealed s239(3) is listed below for reference.

"(3) Any land vested in the Crown shall, unless this Act provides otherwise, be vested under the Land Act 1948.]"

Hist. s239(2) & (3): Added on 7 July 1993 by 1993 No 65, s126(3).

(1) An esplanade strip may at any time be created for any of the purposes specified in section 229 by agreement between the registered proprietor of any land and the local authority, and the provisions of sections 229 [, 232, 234, 237(2), and 237C] shall apply, with all necessary modifications.

{ Editorial Note: s235(1): Expression "233," is to be inserted after expression "232," on 1 August 2003 by 2003 No 23, s74. }

(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.]

Hist. s235(1): Words ", 232, 234, 237(2), and 237C" substituted for omitted words "to 234 and sections 236 to 237D" on 17 December 1997 by 1997 No 104(5), s44.

Hist. s229 -s237H: Substituted for repealed s229 -8237 on 7 July 1993 by 1993 No 65(6), s124. The repealed s235 is listed below for reference.

"235 Vesting of ownership of land below mean high water springs or bed of lake or river in Crown- "(1) Where-

"(a) A survey plan is submitted to a territorial authority in accordance with section 223; and

"(b) Any land below the mean high water springs of the sea, or any part of the bed of a river or lake, is vested in the owner of the land to which the survey plan relates; and "(c) The Minister of Conservation does not waive the vesting under this section - the survey plan shall show as vesting in the Crown such part of the land as is below the mean high water springs of the sea, or as forms part of the bed of that river or lake, as the case may be.

"(2) The territorial authority concerned shall not approve a survey plan unless any part of the land required to vest in the Crown under subsection (1) is shown on the survey plan."