Section 234 — Resource Management Act 1991: Variation or cancellation of esplanade strips

234 Variation or cancellation of esplanade strips (1) The registered proprietor of any land subject to an esplanade strip may apply to the territorial authority to vary or cancel the instrument creating the strip. (2) The application shall include— (a) A description of the strip and its location; and (b) An assessment of the effects of varying or cancelling the strip. (3) The territorial authority may at any time initiate a proposal to vary or cancel the instrument creating an esplanade strip by preparing a statement covering the matters specified in subsection (2) ; and references to an application in this section shall include a statement made under this subsection. (4) Upon receipt of an application under subsection (1) by the territorial authority, or after the preparation of a statement by the territorial authority under subsection (3) , the provisions of sections 127 to 132 shall apply as appropriate, with all necessary modifications. (5) The territorial authority, when considering an application to vary or cancel any instrument creating an esplanade strip shall have regard to— (a) Those matters set out in section 104(1) , with all necessary modifications; and (b) The purpose or purposes, as set out in section 229 , for which the strip was created; and (c) Any change in circumstances which has made the strip or any of the conditions in the instrument creating the strip inappropriate or unnecessary. (6) After considering the application for variation or cancellation of an instrument creating an esplanade strip, the territorial authority— (a) May grant the application, with or without modifications; or (b) May decline the application. (7) When all the appeals (if any) are finally determined, the territorial authority shall lodge for registration with the District Land Registrar a certificate, signed by the chief executive or other authorised officer of the territorial authority, specifying the variations to the instrument or that the instrument is cancelled, as the case may be. (8) The District Land Registrar shall make an appropriate entry in the register and on the instrument noting that the instrument has been varied or cancelled, and the instrument shall take effect as so varied or cease to have any effect, as the case may be. Sections 229 to 237 were substituted, as from 7 July 1993, by section 124 Resource Management Amendment Act 1993 (1993 No 65). Subsection (7) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “ chief executive ” for the words “ principal administrative officer ” . See sections 273 to 314 of that Act as to the savings and transitional provisions.