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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23076
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Our house is situated on beachfront. Property behind has been

Customer Question

Our house is situated on beachfront. Property behind has been subdivided on a non-notified
basis into two sections. Council wants the access way on its title which leads to the beach made into an Esplanade Reserve as part of this. The accessway/boatramp runs past our door between our house and another beachfront house next to us. It runs between our properties to the beach and we both have gates on to it within metres of our doors. Historically it has been used as access for the three sections and a boat-ramp for our boats. Both beachfront houses have rights of way marked on our titles. Given that the Council want to change the classification of this access way, do we have any property rights, rights of objection etc. We have a seawall so need the access. There have also been security concerns and thefts from people accessing our properties. I have only today been made aware of the Esplanade Reserve to be created. The neighbours who subdivided the property has sold it and they and the council kept us in the dark
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
If your right of way is over the council right of way/access strip, then they cannot modify this or add users without your consent. I wasn't sure from your description if this was the case however.
Expert:  Chris The Lawyer replied 2 years ago.
You should also have rights to object to any change to an esplanade reserve. If the council has done this without notice you may need to carefully check the relevant of the district plan and see if they were able to legally proceed without notification. If they have made errors, you could seek judicial review of the decisions, as being unlawful, although that would be an expensive exercise.