Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Subdivision and reclamations

218: Meaning of subdivision of land

You could also call this:

“This law explains how land can be split up into smaller pieces, like dividing a big cake into slices.”

When you divide land, it’s called a ‘subdivision of land’. This can happen in different ways:

You can ask for a separate record of title for part of your land. This is like getting a new document that shows you own a specific piece of the land.

You can sell or offer to sell part of your land.

You can lease part of your land for more than 35 years.

You can give a company lease or cross lease for part of your land.

You can submit a unit plan or ask for a separate record of title for part of a unit on a unit plan.

You can also ask for a separate record of title when it’s not allowed by section 226.

An ‘allotment’ is a piece of land that:

Is shown separately on a survey plan.

Is a separate part of a building shown on a survey plan or a licence.

Is a unit on a unit plan.

Is any piece of land not covered by the Land Transfer Act 2017.

An allotment is considered one continuous piece of land even if a road or something else divides it, unless it was officially divided before.

When you subdivide land, the leftover part is also considered an allotment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236787.

Topics:
Housing and property > Land use
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Part 10 Subdivision and reclamations

218Meaning of subdivision of land

  1. In this Act, the term subdivision of land means—

  2. the division of an allotment—
    1. by an application to the Registrar-General of Land for the issue of a separate record of title for any part of the allotment; or
      1. by the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or
        1. by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or
          1. by the grant of a company lease or cross lease in respect of any part of the allotment; or
            1. by the deposit of a unit plan, or an application to the Registrar-General of Land for the issue of a separate record of title for any part of a unit on a unit plan; or
            2. an application to the Registrar-General of Land for the issue of a separate record of title in circumstances where the issue of that record of title is prohibited by section 226,—
                1. and the term subdivide land has a corresponding meaning.

              1. In this Act, the term allotment means—

              2. any parcel of land under the Land Transfer Act 2017 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not—
                1. the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or
                  1. a subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or
                  2. any parcel of land or building or part of a building that is shown or identified separately—
                    1. on a survey plan; or
                      1. on a licence within the meaning of subpart 6 of Part 3 of the Land Transfer Act 2017; or
                      2. any unit on a unit plan; or
                        1. any parcel of land not subject to the Land Transfer Act 2017.

                          1. For the purposes of subsection (2), an allotment that is—

                          2. subject to the Land Transfer Act 2017 and is comprised in 1 record of title or for which 1 record of title could be issued under that Act; or
                            1. not subject to that Act and was acquired by its owner under 1 instrument of conveyance—
                                1. shall be deemed to be a continuous area of land notwithstanding that part of it is physically separated from any other part by a road or in any other manner whatsoever, unless the division of the allotment into such parts has been allowed by a subdivision consent granted under this Act or by a subdivisional approval under any former enactment relating to the subdivision of land.

                              1. For the purposes of subsection (2), the balance of any land from which any allotment is being or has been subdivided is deemed to be an allotment.

                              Notes
                              • Section 218(1)(a)(i): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 218(1)(a)(i): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 218(1)(a)(iii): replaced, on , by section 69 of the Resource Management Amendment Act 2003 (2003 No 23).
                              • Section 218(1)(a)(v): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 218(1)(a)(v): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 218(1)(a)(v): amended, on , by section 114(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 218(1)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 218(1)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 218(2)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 218(2)(b)(ii): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 218(2)(d): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 218(3)(a): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                              • Section 218(4): inserted, on , by section 39 of the Resource Management Amendment Act 1997 (1997 No 104).