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The Taking of Esplanades at the Time of Subdivision

By Anna Bensemann, Senior Planner, Baseline Group, Ph 0800 254 123 E: info@blg.nz | Aug 26, 2024

Esplanade strips or reserves provide a public benefit, allowing the public to walk along the margin of a river, lake or the coastline as public space. These public areas are created at the time land is subdivided by way of creating an esplanade reserve or strip. Such land is still taken today where councils determine its necessary to provide for either public access or for conservation purposes.

At the time of subdivision, the ownership of the nominated esplanade area is taken over by the council as part of their functions to manage rivers. Where the resulting allotments are 4 ha or more in area, the council will pay compensation for taking the land. For allotments created of less than 4 ha compensation may not be payable, and council assumes ownership of that land.

The Resource Management Act (RMA) is clear about the circumstances under which esplanades can be taken, and when they cannot be taken. For the creation of allotments with an area of less than 4 ha a reserve of 20 m in width from the bank of the river can be taken, unless there is a rule in the District Plan which reduces this. Alternatively, a subdivision application might be approved that allows for a reduced width. This would only occur where the subdivision application includes an acceptable argument as to why the full width is not required. Such reasons include the area does not connect to other areas of esplanade with, or the full width does not connect well to adjoining areas of reduced width.

For the purpose of taking an esplanade reserve, a river is considered to be one where the bed has an average width of 3 m or more where the river adjoins the allotment. For a lake, it is where the bed has an area of 8 ha or more. This ensures that not every stream, drain or puddle is subject to an esplanade requirement. Sometimes a surveyor will be required to make the determination as the official size or width of the waterbody to confirm if esplanades are required.

For the creation of allotments with an area of 4 ha or larger, council can only impose an esplanade strip or reserve if there is a rule in their District Plan which allows them to take it (Section 230 (5) RMA), or if the land owner agrees to the esplanade strip (Section 235 RMA). Usually these are taken for conservation purposes and the width is less than 20 m each side of a river, to reflect the actual conservation values of the area. In many cases this area is required to be fenced off by councils as part of the subdivision.

For farms wanting to rearrange boundaries or create new titles the area of land taken can be quite large, and create access issues across rivers and streams, so its important to understand if they are likely to be take prior to subdividing. If you are thinking of subdivision and think your land may be subject to an esplanade requirement, contact a planning professional for advice and what may be required.

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