Resource Management Act 1991
069
Commenced: 1 Oct 1991
V: Standards, Policy Statements, and Plans
Regional Plans
71
Rules about esplanade reserves on reclamation
71. Rules about esplanade reserves on reclamation---(1) Subject to
subsection (2), a regional council may include in its regional plan a
rule which makes provision (either generally or in a particular locality
or in particular circumstances) for---
(a) Esplanade reserves required to be set apart under section 246 (3)
along the mark of mean high water springs of the sea, or along
the margin of any lake, or along the bank of any river, to be
shown on a plan of survey submitted for approval under section
245 to be of a width greater or less than 20 metres:
(b) Section 245 (3) not to apply in respect of land along the bank of
any river, or along the margin of any lake, or along the mark of
mean high water springs of the sea.
(2) Before a regional council includes in a regional plan a rule under
subsection (1), the regional council shall be satisfied that---
(a) In the case of a rule made under subsection (1) (a), the value of
the esplanade reserve, in terms of the purposes specified in
section 229, will not be significantly diminished:
(b) In the case of a rule made under subsection (1) (b)---
(i) By reason of security, public safety, or other exceptional
circumstances it would not be appropriate for section 245 (3) to
apply; or
(ii) The land has little or no value in terms of the purposes
specified in section 229; or
(iii) Any value the land has in those terms can be adequately
provided by other means.