(2) Where –

(a) A strip of land less than 20 metres in width along the mean high-water mark of the sea or of any of its bays, inlets, or creeks, or along the margin of any lake, or along any bank of any river or stream has either –

(b) A scheme plan of subdivision of land contiguous to that strip of land is subsequently submitted to the council under this part of this Act, -

(3) Nothing in subsection (1) or subsection (2) of this section shall require a strip of land to be set aside as reserved for the purposes specified in the said subsection (1) or subsection (2) as the case may be along the banks of any river or stream where that land adjoins any allotment having an area of 4 hectares or more and in the opinion of the council, that allotment is intended to be used, or will continue to be used, wholly or principally in a manner conforming with accepted farming or management practices, for agricultural or horticultural or silvicultural or pastoral purposes or the keeping of bees or poultry or other livestock.

(4) Where, in the opinion of the council, it is in the public interest that a road or part of a road be dedicated within the area required to be set aside as reserved for the purpose specified in subsection (1) of this section, then, with the consent of the Minister of Lands (now Minister of Conservation), the dedication of that road or part of that road which lies within the area set aside may be accepted in satisfaction of and in substitution for the area or part of the area, as the case may be, that would otherwise be required to be set aside under this section.

(5) Where a strip of land is set aside as required by subsection (1) or subsection (2) of this section, and any land below the mean high-water mark of the sea or of its bays, inlets, or creeks or, as the case may be, any part of the bed of the lake or river or stream is vested in the person in whom the land shown in the scheme plan is vested, the council may require, as a condition of its approval of the scheme plan, that the owner shall execute, or obtain the execution of, and register, a transfer to Her Majesty of the whole or a specified part of the land below the mean high-water mark or, as the case may be, of the bed of the lake, or river, or stream which is vested as aforesaid.

(6) No land set aside as a reserve or transferred to Her Majesty pursuant to this section shall be taken into account for the purposes of section 285 or section 286 of this Act, except to such extent (if any) as the council allows.

(7) The Minister of Lands (now Minister of Conservation) may from time to time on the application of the council declare that subsection (1) of this section shall not apply with respect to the banks, or any specified bank, of any specified river or stream or part of any specified river or stream, or may on the application of the council revoke any such declaration, in whole or in part. In making his decision under this section, the Minister of Lands (now Minister of Conservation) shall have regard to the provisions of any proposed or operative district scheme for the locality in which the river or stream is situated.

(8) Every decision of the Minister of Lands (now Minister of Conservation) under this section shall be final.

(9) In this section a reference to bays, inlets, or creeks of the sea includes those that are artificial as well as those that are natural.

CF. 1961, No. 131, s.29; 1977, No. 134, s.4

(a) Pursuant to subsection (1) or subsection (2) of section 289 of this Act a strip of land that –

(b) No part of that allotment is zoned for residential or commercial or industrial purposes under any operative or proposed district scheme at the date of deposit of the survey plan, -

There shall be paid, as compensation, to the subdividing owner, or, if he is deceased, to his personal representative, out of money appropriated by Parliament, an amount equal to the value, as at the date of deposit of the survey plan, of the land set aside, the amount to be determined by a valuation made by the Valuer-General.

(2) If the subdividing owner, or, as the case may be, his personal representative, is dissatisfied with the amount of any valuation made for the purposes of subsection (1) of this section, he may, within 1 month after notice of the valuation has been given to him by the Valuer-General, object to that valuation by delivering or posting to the Valuer-General a written notice of objection stating shortly the grounds of his objection and the value at which he contends the land should be valued. Sections 20 to 23 of the Valuation of Land Act 1951, as far as they are applicable and with the necessary modifications, shall apply to the objection.

(3) Where –

there shall be repayment to the Crown, by the subdividing owner or his personal representative or that successor in title, as the case may be, and charged against the land and recoverable as a debt, the amount of that payment to the extent that it has not already been repaid:

Provided that the Minister of Lands (now Minister of Conservation), whose decision shall be final, may, in his discretion, waive such a repayment or may direct that an amount less than the full amount shall be repaid.

(4) The right of the Crown to repayment under subsection (3) of this section shall be deemed to be an interest in the land for the purposes of section 137 of the Land Transfer Act 1952 (which relates to caveats against dealing with the land).

(5) Where pursuant to subsection (1) or subsection (2) of section 289 of this Act a strip of land has been set aside as reserved for the purpose specified in section 289 (1) of this Act along the mean high-water mark of the sea or any of its bays, inlets, or creeks, or along the margin of any lake in excess of 8 hectares and adjoining any allotment having an area of 4 hectares or more, there shall be paid to the subdividing owner or, if he is deceased,, his personal representative, out of money appropriated by Parliament, an amount equal to any additional survey costs incurred by the subdividing owner in determining the land to be set aside (such costs to be determined in accordance with the scale of fees of the New Zealand Institute of Surveyors which are current at the date of deposit of the survey plan).

Cf. 1961, No. 131, s.29 (5) – (9); 1977, No. 131, s.4