The following information relates to recording movable marginal and esplanade strips in CSDs, including requirements for depiction, notation, appellation and area.
Historically, neither movable marginal strips nor esplanade strips were depicted as parcels but their location and extent was indicated by notation against the water boundary in the CSD diagrams.
Marginal strips are created next to the foreshore and qualifying lakes, rivers and streams when the Crown disposes of land. The requirements are specified in Part 4A of the Conservation Act 1987. The Department of Conservation has produced a guideline to help surveyors identify water bodies that qualify for marginal strips when the Crown disposes of land. As the result of a government directive in 2007, marginal strips are required to be surveyed and depicted on a CSD at the time when they are created by the disposal of Crown land.
Esplanade strips are created along the mark of mean high water springs of the sea, the bank of a river, or the margin of a lake when land is subdivided or reclaimed, or at any time by agreement between a landowner and local authority. The requirements are specified in the Resource Management Act 1991 (RMA). Esplanade strips created on a subdivision or reclamation are required to be shown on the resultant CSD (refer to sections 237 and 245 RMA).
The Rules for Cadastral Survey 2010 (the Rules) specify requirements for the definition and depiction of marginal and esplanade strips when they are included in a CSD.
Where a marginal or esplanade strip is depicted, the following apply:
- The strip must be depicted as a non-primary parcel (refer to Non-primary parcel).
- The strip must be depicted as a parcel abutting a water boundary.
- If the boundary is an adopted water boundary that does not coincide with the present position of the water body, the strip must be depicted as abutting that adopted water boundary.
- A marginal strip must be depicted with a width of 20 metres from the water boundary, or with such other width(s) as approved by the Minister of Conservation.
- An esplanade strip must be depicted with the width(s) specified by a rule in a district plan or resource consent (refer to sections 108, 220, 232 RMA). It is the responsibility of the territorial authority to ensure that the strip complies with the district plan, resource consent and RMA.
- The strip cannot be set off from a water body that is separated from the underlying parcel (refer to Land not abutting a water boundary below)
On a Diagram of Survey and Diagram of Parcels:
- the strip parcel must be contained within its underlying parcel [r 5.2, 9.6.6 and r 10.4.4],
- the landward boundary of the strip must be an irregular boundary except where it coincides with an underlying parcel boundary [r 6.6(c)] and be at a scale that shows its true shape and location [r 9.6.8(a) and r 10.4.6], and
- the width of the strip must be depicted [r 9.6.14(a)(iii) and r 10.4.9(b)].
On a Diagram of Survey, the water boundary and the landward irregular boundary of the strip must be at a scale that is adequate to meet the accuracy required by r 3.4 (refer to Accuracy of water and irregular boundaries).
Figure 1: Depiction of a marginal strip with a fixed width
Figure 2: Depiction of an esplanade strip with width restricted by abutting primary parcel
Figure 3: Depiction of an esplanade strip with variable width
Rules 9.6.11 and 10.4.8 specify when the notation 'Subject to Part 4A Conservation Act 1987' must be depicted on a Diagram of Survey and Diagram of Parcels. This requirement applies regardless of whether there is a water body present.
Surveyors are responsible for determining whether previous disposals are subject to Part 4A of the Conservation Act 1987. Existing CSDs lodged on or after 10 April 1990 may have had the notation omitted incorrectly.
The appellation of the strip must be depicted on a Diagram of Survey and Diagram of Parcels [r 9.6.3(d)(ii) and r 10.4.2(d)] either as esplanade strip or marginal strip [r 5.5.2] with a unique letter(s) [r 5.5.4]. Examples are 'marginal strip A' and 'esplanade strip B'. This appellation may be abbreviated on the diagram providing it is unique to the dataset (eg 'A' or 'B').
The area of the primary parcel must include the area of the marginal strip that lies within it [r 5.3(a)(i)]. This is a consequence of the legislation which required the parcel area to be as if the marginal strip did not exist.
If the CSD includes a separate area for a marginal strip in addition to the area of the underlying primary parcel, it must not be shown on the Diagram of Parcels [r 10.4.2(d)(iv)]. This is to ensure that anyone looking at the title diagram would not be misled into thinking that the area of the underlying primary parcel is the sum of the two areas shown on the Diagram of Parcels.
A separate parcel area may be shown for an esplanade strip on the Diagram of Parcels, but if one is shown, it must not create any ambiguity about the area of the underlying primary parcel [r 10.4.10(a)].
A 1999 court decision, Tram Holdings Ltd v Attorney-General (CP245/96) (PDF 539KB), has ruled that a marginal strip under s24 of the Conservation Act 1987 is not created if Crown land being disposed of lies within 20 metres of a water margin but does not abut the margin.