77 Rules about esplanade reserves on subdivision and road stopping

(1)

Subject to Part 2 and having regard to section 229 (purposes of esplanade reserves), a territorial authority may include a rule in its district plan which provides, in respect of any allotment of less than 4 hectares created when land is subdivided,—

(a)

that an esplanade reserve which is required to be set aside shall be of a width greater or less than 20 metres:

(b)

that section 230 shall not apply:

(c)

that instead of an esplanade reserve, an esplanade strip of the width specified in the rule may be created under section 232.

(2)

A territorial authority may include a rule in its district plan which provides that in respect of any allotment of 4 hectares or more created when land is subdivided, esplanade reserves or esplanade strips, of the width specified in the rule, shall be set aside or created, as the case may be, under section 230(5).

(3)

A territorial authority may include in its district plan a rule which provides—

(a)

that esplanade reserves, required to be set aside under section 345(3) of the Local Government Act 1974, shall be of a width greater or less than 20 metres:

(b)

that section 345(3) of the Local Government Act 1974 shall not apply.

(4)

Rules made under this section shall make provision for such matters as are appropriate in the circumstances of the district, and may apply—

(a)

generally; or

(b)

in a particular locality; or

(c)

in particular circumstances.

Section 77: replaced, on 7 July 1993, by section 41 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 77(4): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).