Access Strip
Access strip means a strip of land created by an easement registered on a title during the act of subdivision. The purpose of this strip of land is so that the public can have access over the land in order to go to a river, lake, the coast or some other land that is in public ownership.
An access strip is similar to an esplanade strip, the main difference being an access strip goes to a water body and an esplanade strip goes along a water body.
Resource Management Act - Definition
Section 2 - Definitions
Access strip means a strip of land created by the registration of an easement in accordance with section 237B for the purpose of allowing public access to or along any river, or lake, or the coast, or to any esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown (but excluding all land held for a public work except land held, administered, or managed under the Conservation Act 1987 and the Acts named in Schedule 1 to that Act)
Section 237B Access strips
(1) A local authority may agree with the registered proprietor of any land to acquire an easement over the land, and may agree upon the conditions upon which such an easement may be enjoyed.
(2) Any such easement shall—
(a) Be executed by the local authority and the registered proprietor; and
(b) Be in the prescribed form; and
(c) Contain the relevant provisions in accordance with Schedule 10.
(3) When deciding which matters shall be provided for in the easement, the parties shall consider—
(a) Which provisions in clauses 2, 3 and 7 of Schedule 10 (if any) to modify (including by the imposition of conditions) or to exclude from the easement; and
(b) Any other matters that the local authority and registered proprietor consider appropriate to include in the easement.
(4) When deciding under subsection (3) which provisions (if any) to modify or exclude or what other matters to include, the parties shall consider—
(a) Any relevant rules in the district plan; and
(b) The provisions and other matters included in any existing instrument for an esplanade strip, or easement for an access strip, in the vicinity; and
(c) The purpose of the strip, including the needs of potential users of the strip; and
(d) The use of the strip and adjoining land by the owner and occupier; and
(e) Where appropriate, the use of the river, lake, or coastal marine area within or adjacent to the access strip; and
(f) The management of any reserve in the vicinity.
(5) Any such easement shall take effect when registered at the office of the District Land Registrar.
(6) An access strip may be closed to public entry under section 237C.
(7) No easement for an access strip may be registered with the District Land Registrar unless every person having a registered interest in the land has endorsed his or her consent on the easement.
(8) The registered proprietor and the local authority may, by agreement, vary or cancel the easement if the matters in subsection (4) and any change in circumstances have been taken into account; and in any such case the provisions of section 234(7) and (8) shall apply, with all necessary modifications.
