Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Decisions on applications relating to discharge of greenhouse gases

106: Consent authority may refuse subdivision consent in certain circumstances

You could also call this:

"The council can stop you subdividing land if it's not safe or can't be accessed properly."

Illustration for Resource Management Act 1991

When you want to divide a piece of land into smaller parts, you need to get consent from a consent authority. The consent authority can say no to your request if they think there is a big risk from natural hazards like floods or earthquakes. They can also say no if they think you have not made sure that each new piece of land will have a legal and physical way to access it.

The consent authority looks at how likely natural hazards are to happen and how much damage they could cause to the land and buildings. They also think about how you plan to use the land and if that will make the damage worse. If the consent authority says yes to your request, they can add conditions to make sure you do things to avoid or fix any problems that might happen.

These conditions must be related to avoiding or fixing the problems and must be the type of conditions that can be imposed under section 108.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234389.

Topics:
Environment and resources > Town planningHousing and property > Land use
Previous

105: Matters relevant to certain applications, or

"What the council considers when you apply for certain environmental permits"

Next

106A: Consent authority may refuse land use consent in certain circumstances, or

"The council can say no to your land use plans if they think it's not safe because of floods or earthquakes."

Part 6Resource consents
Decisions on applications relating to discharge of greenhouse gases

106Consent authority may refuse subdivision consent in certain circumstances

  1. A consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers that—

  2. there is a significant risk from natural hazards; or
      1. sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.

        1. For the purpose of subsection (1)(a), an assessment of the risk from natural hazards requires a combined assessment of all of the following taken together:

        2. the likelihood of natural hazards occurring (whether individually or in combination):
          1. the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards:
            1. any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b).

              1. Conditions under subsection (1) must be—

              2. for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and
                1. of a type that could be imposed under section 108.

                  Notes
                  • Section 106: replaced, on , by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).
                  • Section 106(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 106(1)(a): replaced, on , by section 145(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 106(1)(b): repealed, on , by section 145(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 106(1A): replaced, on , by section 39 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).