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 from dividing land if it's not safe or might cause problems.”

When you want to divide a piece of land into smaller parts, you need to get consent from a consent authority. They can say no 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 people can get to each part of the land safely and legally. You can be given conditions to follow if you are allowed to divide the land, and these conditions must be related to avoiding or fixing the problems that might happen.

If the consent authority is worried about natural hazards, they will look at how likely it is that something will happen, how much damage it could cause, and how you plan to use the land. They will consider whether your plans could make the damage worse. Any conditions you are given must be the kind that could be imposed under section 108, and they must be meant to avoid, fix, or reduce the problems that might happen.

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 It might be out of date or be missing some parts.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 planning Environment and resources > Conservation Housing and property > Land use
Previous

105: Matters relevant to certain applications, or

"Things to consider when applying to do something that affects the environment"

Next

107: Restriction on grant of certain discharge permits, or

"No permit to harm the environment"

Part 6 Resource 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—

        2. the likelihood of natural hazards occurring (whether individually or in combination); and
          1. the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and
            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): inserted, on , by section 145(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).