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.