Schedule 10 Requirements for instruments creating esplanade strips and access strips

ss 232(2)(a), (4)(a), 237B(2)(c), 237C(1), 338(3)(c)

Schedule 10: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).

1 Prohibitions to be included in instruments

(1)

Every instrument creating an esplanade strip and every easement for an access strip shall specify that the following acts are prohibited on land over which the esplanade strip or access strip has been created:

(a)

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

(b)

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

(c)

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

(2)

Notwithstanding subclause (1), the prohibitions in paragraphs (b) and (c) shall not apply to the owner or occupier.

(3)

For the purposes of this schedule, owner and occupier includes any employees or agents authorised by the owner or occupier.

Schedule 10 clause 1: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).

2 Other prohibitions

Subject to sections 232(4) and 237B(3), every instrument creating an esplanade strip and every easement for an access strip shall specify that the following acts are prohibited on the land over which the esplanade strip or access strip has been created:

(a)

lighting any fire:

(b)

carrying any firearm:

(c)

discharging or shooting any firearm:

(d)

camping:

(e)

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

(f)

taking any vehicle on to, or driving or having charge or control of any vehicle on, the land (whether the vehicle is motorised or non-motorised):

(g)

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

(h)

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

Schedule 10 clause 2: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).

Schedule 10 clause 2(g): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Schedule 10 clause 2(h): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

3 Fencing

The instrument or easement may include any fencing requirements, including gates, stiles, and the repositioning or removal of any fence.

Schedule 10 clause 3: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).

4 Access on esplanade strips for conservation purposes

(1)

Where an esplanade strip is created for the protection of conservation values only, the instrument creating the strip may specify that—

(a)

no person shall enter or remain on the strip; or

(b)

only specified persons shall enter or remain on the strip—

subject to any other provisions of the instrument.

(2)

Subclause (1) does not apply to the owner or occupier of the land over which the strip is created.

Schedule 10 clause 4: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).

5 Access on strips for access purposes

Where an easement for an access strip or an esplanade strip for access purposes is created, the easement or instrument creating the strip shall specify that any person shall have the right, at any time, to pass and repass over and along the land over which the strip has been created, subject to any other provisions of the easement or instrument.

Schedule 10 clause 5: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).

6 Access on strips created for recreational purposes

Where an esplanade strip is created for public recreational use, the instrument creating the strip shall specify that any person shall have the right, at any time, to enter upon the land over which the esplanade strip has been created and remain on that land for any period of time for the purpose of recreation, subject to any other provisions of the instrument.

Schedule 10 clause 6: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).

7 Closure

(1)

Any instrument creating an esplanade strip or any easement for an access strip may specify that the strip may be closed for any specified period, including particular times and dates.

(2)

Any instrument or easement may specify who is responsible for notifying the public by signs erected at all entry points to the strip, and any other means agreed, that a strip or easement is closed as a result of closure periods specified in the instrument or easement.

Schedule 10 clause 7: inserted, on 7 July 1993, by section 228 of the Resource Management Amendment Act 1993 (1993 No 65).