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Resource Management Act 1991  069
Commenced: 1 Oct 1991
V: Standards, Policy Statements, and Plans
District Plans
77   Rules about esplanade reserves on subdivision and road stopping




   77. Rules about esplanade reserves on subdivision and road
 stopping---(1) Subject to subsection (2), a territorial authority may
 include in its district 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 aside under section 230 of
         this Act or section 345 (3) of the Local Government Act 1974
         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 of
         a width greater or less than 20 metres:
   (b) Section 230 of this Act and section 345 (3) of the Local
         Government Act 1974 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 territorial authority includes in a district plan a rule
 under subsection (1), the territorial authority 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, minor boundary
         adjustment, or other exceptional circumstances, it would not be
         appropriate for section 230 of this Act and section 345 (3) of
         the Local Government Act 1974 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.
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