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New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Transfer of consents

134: Land use and subdivision consents attach to land

You could also call this:

“ Permissions given for land use and subdivision usually stay with the land, even when it changes owners. ”

When you get a land use consent or a subdivision consent, it stays with the land it’s for. This means that whoever owns or uses the land can benefit from the consent, even if they weren’t the ones who originally got it. This is true unless the consent specifically says it can’t be passed on to new owners or users.

There’s an exception to this rule. If you have a land use consent that lets you do something that would normally go against section 13, it doesn’t automatically stay with the land.

If you have one of these special land use consents, you can give all or part of your rights under the consent to someone else. You can do this unless the consent says you’re not allowed to.

If you do give your rights to someone else, it only counts when you tell the consent authority in writing. The consent authority is the group that gave you the consent in the first place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235262.

Topics:
Housing and property > Land use
Environment and resources > Town planning
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133A: Minor corrections of resource consents, or

“Fixing small mistakes in permission slips for using land or resources”

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135: Transferability of coastal permits, or

“Coastal permits can be given to others, but usually can't be moved to different places unless special rules say so.”

Part 6 Resource consents
Transfer of consents

134Land use and subdivision consents attach to land

  1. Except as provided in subsection (2), a land use consent and a subdivision consent shall attach to the land to which each relates and accordingly may be enjoyed by the owners and occupiers of the land for the time being, unless the consent expressly provides otherwise.

  2. Subsection (1) does not apply to any land use consent to do something that would otherwise contravene section 13.

  3. The holder of a land use consent described in subsection (2) may transfer the whole or any part of the holder's interest in the consent to any other person unless the consent expressly provides otherwise.

  4. The transfer of the holder's interest in a consent described in subsection (2) has no effect until written notice of the transfer is given to the consent authority that granted the consent.