Plan topics Esplanade reserves, esplanade strips and access strips under the RMA
Local Government Act 1974
Section 289 of the Local Government Act 1974 (LGA 1974) provided a code for reserves along water. Originally these reserves were deemed under s289(1), to be local purpose reserves “… for the purpose of providing access to the sea, lake river or stream as the case may be and to protect the environment …” Under the Reserves Amendment Act 1979, these reserves become esplanade reserves.
The LGA 1974 required a 20 m esplanade reserve to be provided at the time of subdivision along rivers over 3 m wide adjoining allotments less than 4 ha, the coast, or lakes over 8 ha. Once created the reserve was to be vested in the relevant local authority (s306(4)).
In the case of allotments over 4 ha adjoining the coast and lakes over 8 ha, if the land was used for rural purposes and landowners did not intend to sell the land within 5 years, compensation and survey costs relating to the establishment of the esplanade reserve were paid by the Crown (s290).
