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Resource Management Act 1991

Duties and restrictions under this Act - Land

11: Restrictions on subdivision of land

You could also call this:

"Rules for dividing land into smaller pieces"

You cannot subdivide land unless it is allowed by a national environmental standard, a rule in a district plan, or a resource consent. The subdivision must be shown on a survey plan, which is a plan of the land that has been approved or deposited by the Registrar-General of Land or the Chief Surveyor. You can find more information about survey plans in section 2(1) and how they are approved in section 228.

There are some exceptions to this rule, such as when land is taken for a public work under the Public Works Act 1981. Other exceptions include when a reserve is established or changed under section 338 of Te Ture Whenua Maori Act 1993, or when land is transferred to the Crown or a local authority for conservation purposes under the Conservation Act 1987.

This rule does not apply to Maori land, unless Te Ture Whenua Maori Act 1993 says it does. There are also other exceptions, such as when land is transferred to Heritage New Zealand Pouhere Taonga or the Queen Elizabeth the Second National Trust, under the Heritage New Zealand Pouhere Taonga Act 2014 or the Queen Elizabeth the Second National Trust Act 1977.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231942.

Topics:
Housing and property > Land useEnvironment and resources > Town planningMāori affairs > Māori land
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Part 3Duties and restrictions under this Act
Land

11Restrictions on subdivision of land

  1. No person may subdivide land, within the meaning of section 218, unless the subdivision is—

  2. first, expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent; and second, is shown on one of the following:
    1. a survey plan, as defined in paragraph (a)(i) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or
      1. a survey plan, as defined in paragraph (a)(ii) of the definition of survey plan in section 2(1), approved as described in section 228 by the Chief Surveyor; or
        1. a survey plan, as defined in paragraph (b) of the definition of survey plan in section 2(1), deposited under Part 10 by the Registrar-General of Land; or
        2. effected by the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 (except that, in the case of the disposition of land under the Public Works Act 1981, each existing separate parcel of land shall, unless otherwise provided by that Act, be disposed of without further division of that parcel of land); or
          1. effected by the establishment, change, or cancellation of a reserve under section 338 of Te Ture Whenua Maori Act 1993; or
            1. effected by a transfer under section 23 of the State-Owned Enterprises Act 1986 or a resumption under section 27D of that Act; or
              1. effected by any vesting in or transfer or gift of any land to the Crown or any local authority or administering body (as defined in section 2 of the Reserves Act 1977) for the purposes (other than administrative purposes) of the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act; or
                1. effected by transfer or gift of any land to Heritage New Zealand Pouhere Taonga or the Queen Elizabeth the Second National Trust for the purposes of the Heritage New Zealand Pouhere Taonga Act 2014 or the Queen Elizabeth the Second National Trust Act 1977; or
                  1. effected by any transfer, exchange, or other disposition of land made by an order under subpart 3 of Part 6 of the Property Law Act 2007 (which relates to the granting of access to landlocked land).

                    1. Repealed

                    2. Subsection (1) does not apply in respect of Maori land within the meaning of Te Ture Whenua Maori Act 1993 unless that Act otherwise provides.

                    Notes
                    • Section 11(1)(a): replaced, on , by section 7(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                    • Section 11(1)(c): amended, on , by section 9(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 11(1)(c): amended, on , pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).
                    • Section 11(1)(ca): inserted, on , by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 11(1)(cb): inserted, on , by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 11(1)(cc): inserted, on , by section 9(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 11(1)(cc): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
                    • Section 11(1)(d): amended, on , by section 364(1) of the Property Law Act 2007 (2007 No 91).
                    • Section 11(1A): repealed, on , by section 7(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                    • Section 11(2): amended, on , by section 9(4) of the Resource Management Amendment Act 1993 (1993 No 65).