Section 237 — Resource Management Act 1991: Approval of survey plans where esplanade reserve or esplanade strips required

237 Approval of survey plans where esplanade reserve or esplanade strips required (1) Subject to subsection (3) , the territorial authority shall not approve a survey plan unless any esplanade reserve or esplanade strip required under this Part is shown on the survey plan. (2) Notwithstanding anything in the Land Transfer Act 1952 , an esplanade strip shall not be required to be surveyed, but where an esplanade strip is shown on the survey plan, it shall be clearly identified in such manner as the Chief Surveyor considers appropriate. (3) Where— (a) An esplanade reserve or esplanade strip is required under this Part in respect of a subdivision which is to be effected by the grant of a cross lease or company lease or by the deposit of a unit plan; and (b) It is not practical to show the esplanade reserve or esplanade strip on the survey plan submitted for approval under section 223 (in this section referred to as the primary survey plan )— the territorial authority, after consultation with the District Land Registrar, shall not approve the primary survey plan until a separate survey plan showing the esplanade reserve or esplanade strip has been prepared and submitted to the territorial authority for approval under this section. (4) Where the territorial authority approves a separate survey plan under subsection (3) — (a) A memorandum to that effect shall be endorsed on the primary survey plan and the separate survey plan; and (b) A District Land Registrar or a Registrar of Deeds shall not deposit the primary survey plan and (in respect of a subdivision by the Crown) the District Land Registrar shall not issue a certificate of title for any separate allotment on the primary survey plan approved by the Chief Surveyor for the purposes of section 228 , unless the separate survey plan on which the esplanade reserve or esplanade strip is shown is deposited prior to, or at the same time as, the primary survey plan. (5) Subject to this section, nothing in section 11 or this Part applies to a separate survey plan approved by a territorial authority under this section. Sections 229 to 237 were substituted, as from 7 July 1993, by section 124 Resource Management Amendment Act 1993 (1993 No 65).