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New Zealand law explained for everyone

Resource Management Act 1991

Duties and restrictions under this Act - Land

11: Restrictions on subdivision of land

You could also call this:

“Rules about splitting up land into smaller pieces and who can do it”

You can’t split up land unless it’s specifically allowed. For it to be allowed, it must meet two conditions. First, a national environmental standard, a rule in a district plan (including a proposed plan if there is one), or a resource consent must say it’s okay. Second, it needs to be shown on a special map called a survey plan.

There are a few exceptions to this rule. You can split land if it’s being taken or given for public works, or if it’s establishing, changing, or cancelling a reserve under Māori land law. It’s also allowed when transferring land to or from the government, local authorities, or certain organisations that look after conservation or heritage.

These rules don’t apply to Māori land, unless the Māori land law says they do.

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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 use
Environment and resources > Town planning
Government and voting > Local councils
Māori affairs > Māori land
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Part 3 Duties 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).