Resource Management Act 1991

Subdivision and reclamations

218: Meaning of subdivision of land

You could also call this:

"What it means to divide a piece of land into smaller parts"

When you subdivide land, it means you are dividing a piece of land into smaller parts. You can do this by selling part of the land or by leasing it for a long time. The term 'subdivide land' refers to the act of dividing the land.

You can also subdivide land by getting a separate record of title for part of the land. A record of title is a document that shows who owns the land. You can get this document from the Registrar-General of Land.

An allotment is a piece of land that is shown on a survey plan. A survey plan is a map that shows the boundaries of the land. The Land Transfer Act 2017 is a law that deals with the ownership of land. You can find more information about this law on the Land Transfer Act 2017 website.

If you are subdividing land, the remaining land is still considered an allotment. This means it is still a separate piece of land with its own boundaries. Sometimes, an allotment can be physically separated from another part by a road, but it is still considered one piece of land. However, if the subdivision has been approved, then the separated parts are considered separate allotments.

The Land Transfer Act 2017 and section 226 have rules about subdividing land. These rules help to ensure that land is subdivided in a way that is fair and safe for everyone involved.

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Part 10Subdivision 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.

              2. In this Act, the term allotment means—

              3. 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.

                              2. 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).