Resource Management (Forms, Fees, and Procedure) Regulations 2003

Form 31 Instrument creating esplanade strip

Sections 232 and 235, Resource Management Act 1991

Background

[Full name, address, and occupation of land owner] (the Grantor) is registered as proprietor of the land described in Schedule A (the land).

[Name of territorial authority] (the Grantee) is a local authority (within the meaning of the Local Government Act 2002) in whose district the land is located.

Creation of esplanade strip
1

The Grantor creates in favour of the Grantee an esplanade strip described in Schedule B (the strip) for the purpose(s) of [state purpose of strip in terms of section 229 of the Resource Management Act 1991] over the land described in Schedule A (the land) on the following terms.

Covenants
2

The Grantor and Grantee covenant as follows:

[state covenants].

3

The following acts are prohibited on the land:

(a)

wilfully endangering, disturbing, or annoying a lawful user of the strip (including the owner or occupier of the strip):

(b)

wilfully damaging or interfering with a structure adjoining or on the land (including a building, fence, gate, stile, marker, bridge, or notice):

(c)

wilfully interfering with or disturbing livestock lawfully permitted on the strip.

4

The prohibitions in clause 3(b) and (c) do not apply to the owner or occupier of the strip or to employees or agents authorised by the owner or occupier.

5

The following acts* are also prohibited on the land over which the strip has been created:

(a)

lighting a fire:

(b)

carrying a firearm:

(c)

discharging or shooting a firearm:

(d)

camping:

(e)

taking an animal on to, or having charge of an animal on, the land:

(f)

taking a vehicle on to, or driving or having charge or control of a vehicle on, the land (whether the vehicle is motorised or not):

(g)

wilfully damaging or removing a plant (unless acting in accordance with the Biosecurity Act 1993):

(h)

laying poison or setting a snare or trap (unless acting in accordance with the Biosecurity Act 1993).

*Acts may be deleted or modified (eg, there may be distinctions between users of the strip). If they are modified, insert them instead in clause 6.
*6

The following other restrictions apply to the strip:

[state any other restrictions agreed to, including any modifications of the acts described in clause 5].

*Delete if clause does not apply.
*7

The following fencing requirements apply to the strip:

[including gates and stiles and the repositioning or removal of existing fences].

*Delete if clause does not apply.
*8

The responsibilities for the fencing requirements (including the costs) are borne as follows:

[state whether borne equally by Grantor and Grantee or otherwise].

*Delete if clause does not apply.
9

Access to the strip is on the following terms:

[state the terms on which persons may access the strip in accordance with clauses 4, 5, and 6 of Schedule 10 of the Resource Management Act 1991].

*10

The strip may be closed to public access at the following times for the following purposes:

[give details].

*Delete if clause does not apply.
*11

Responsibility for notifying the public that the strip is closed to public access at those times is as follows (notification will be given by erecting signs at all entry points to the strip and by any of the following agreed means):

[give details].

*Delete if clause does not apply.

.
Signed by Grantor in the presence of—
[signature, occupation, and
address of witness]
Executed by Grantee by common
seal or by 2 officers, as provided
by the territorial authority’s rules

.
Date

[If esplanade strip is created under section 235 of the Resource Management Act 1991, the consent of every person having a registered interest in the land must be endorsed on this instrument.]

.
*Signed by [full name of person
or body corporate] having a registered
interest in the land as acknowledgement of my
consent to this instrument, in the presence of—
[signature, occupation, and
address of witness]

.
Date

*Delete if there are no persons with a registered interest in the land other than the Grantor or repeat as necessary if there is more than 1 other registered interest in the land.
Schedule A

[Give a full description of the land owned by the Grantor, including the lot and deposited plan, record of title reference(s), and any encumbrances.]

Schedule B

[State the width in metres of the strip and refer to plan (if any) depicting the strip annexed to this instrument or deposited by the Registrar-General of Land.]

Schedule 1 form 31: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).