Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Subdivision and reclamations

220: Condition of subdivision consents

You could also call this:

“Rules for subdividing land: what the council can require you to do”

When you want to subdivide land, you need to get a consent from the council. The council can grant this consent with certain conditions. These conditions can include things like creating an esplanade strip, which is a piece of land near a river or lake that is set aside for public use, as described in section 230. You might also need to set aside an esplanade reserve, which is another type of public land, as outlined in section 236.

The council can also require you to vest ownership of land in the coastal marine area or the bed of a lake or river, as stated in section 237A. In some cases, the council might waive the requirement for an esplanade reserve or strip, or reduce its width, as allowed by section 230 or section 405A.

The conditions can also specify how the land is used, such as the height or location of buildings, as mentioned in the conditions. You might need to protect the land from natural hazards, like floods or landslides, as required by the conditions. The council can also require you to fill and compact the land, or to grant easements, which are special rights to use someone else’s land, as stated in the conditions.

If the council requires you to amalgamate land, they will specify how this is done, as outlined in subsection (1)(b). The council will consult with the Registrar-General of Land to make sure the condition is practical, as stated in subsection (3).

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 It might be out of date or be missing some parts.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=DLM237201.

Topics:
Environment and resources > Town planning Environment and resources > Land use Housing and property > Buying and selling homes
Previous

219: Information to accompany applications for subdivision consents, or

"What info you need to give when asking to divide land"

Next

221: Territorial authority to issue a consent notice, or

"Council gives you a notice with rules to follow when you subdivide land"

Part 10 Subdivision and reclamations

220Condition of subdivision consents

  1. Without limiting section 108 or any provision in this Part, the conditions on which a subdivision consent may be granted may include any 1 or more of the following:

  2. where an esplanade strip is required under section 230, a condition specifying the provisions to be included in the instrument creating the esplanade strip under section 232:
    1. a condition requiring an esplanade reserve to be set aside in accordance with section 236:
      1. a condition requiring the vesting of ownership of land in the coastal marine area or the bed of a lake or river in accordance with section 237A:
        1. a condition waiving the requirement for, or reducing the width of, an esplanade reserve or esplanade strip in accordance with section 230 or section 405A:
          1. subject to subsection (2), a condition that any specified part or parts of the land being subdivided or any other adjoining land of the subdividing owner be—
            1. transferred to the owner of any other adjoining land and amalgamated with that land or any part thereof; or
              1. amalgamated, where the specified parts are adjoining; or
                1. amalgamated, whether the specified parts are adjoining or not, for any purpose specified in a district plan or necessary to comply with any requirement of the district plan; or
                  1. held in the same ownership, or by tenancy-in-common in the same ownership, for the purpose of providing legal access or part of the legal access to any proposed allotment or allotments in the subdivision:
                  2. a condition that any allotment be subject to a requirement as to the bulk, height, location, foundations, or height of floor levels of any structure on the allotments:
                    1. a condition that provision be made to the satisfaction of the territorial authority for the protection of the land or any part thereof, or of any land not forming part of the subdivision, against natural hazards from any source (being, in the case of land not forming part of the subdivision, natural hazards arising or likely to arise as a result of the subdividing of the land the subject of the subdivision consent):
                      1. a condition that filling and compaction of the land and earthworks be carried out to the satisfaction of the territorial authority:
                        1. a condition requiring that any easements be duly granted or reserved:
                          1. a condition requiring that any existing easements in respect of which the land is the dominant tenement and which the territorial authority considers to be redundant, be extinguished, or be extinguished in relation to any specified allotment or allotments.

                            1. For the purposes of subsection (1)(b)—

                            2. where any condition requires land to be amalgamated, the territorial authority shall, subject to subsection (3), specify (as part of that condition) that such land be held in 1 record of title or be subject to a covenant entered into between the owner of the land and the territorial authority that any specified part or parts of the land shall not, without the consent of the territorial authority, be transferred, leased, or otherwise disposed of except in conjunction with other land; and
                              1. land shall be regarded as adjoining other land notwithstanding that it is separated from the other land only by a road, railway, drain, water race, river, or stream.

                                1. Before deciding to grant a subdivision consent on a condition described in subsection (1)(b), the territorial authority shall consult with the Registrar-General of Land as to the practicality of that condition. If the Registrar-General of Land advises the territorial authority that it is not practical to impose a particular condition, the territorial authority shall not grant a subdivision consent subject to that condition, but may if it thinks fit grant a subdivision consent subject to such other conditions under subsection (1)(b) which the Registrar-General of Land advises are practical in the circumstances.

                                Notes
                                • Section 220(1)(a): replaced, on , by section 116 of the Resource Management Amendment Act 1993 (1993 No 65).
                                • Section 220(1)(aa): inserted, on , by section 116 of the Resource Management Amendment Act 1993 (1993 No 65).
                                • Section 220(1)(ab): inserted, on , by section 116 of the Resource Management Amendment Act 1993 (1993 No 65).
                                • Section 220(1)(ac): inserted, on , by section 116 of the Resource Management Amendment Act 1993 (1993 No 65).
                                • Section 220(1)(d): amended, on , by section 164(a) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                • Section 220(1)(d): amended, on , by section 164(b) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                • Section 220(2)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                                • Section 220(3): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).