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Resource Management Act 1991

Subdivision and reclamations

221: Territorial authority to issue a consent notice

You could also call this:

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

When you get consent to subdivide land, the territorial authority might add conditions that you and future owners must follow. The territorial authority will issue a consent notice that says what these conditions are, for the purposes of section 224. This notice must be signed by someone the territorial authority has authorised.

If you own the land, you can ask the territorial authority to change or cancel any conditions in the consent notice at any time after the survey plan is deposited. The territorial authority can also review and change conditions in the consent notice. Sections 88 to 121 and 127(4) to 132 apply to these applications and reviews.

The consent notice is like a document that creates an interest in the land, as described in section 51 of the Land Transfer Act 2017, and can be registered. When registered under the Land Transfer Act 2017, it is like a promise that runs with the land and will apply to all future owners, even if section 103 of the Land Transfer Act 2017 says something different.

If a condition in the consent notice is changed or cancelled, or has expired, the Registrar-General of Land will update the register and any relevant title documents to show this. The condition will then apply as changed, or it will no longer have any effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237203.

Topics:
Environment and resources > Town planning Housing and property > Land use
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220: Condition of subdivision consents, or

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

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"Getting a certificate to prove you've finished required work or payments for subdividing land"

Part 10 Subdivision and reclamations

221Territorial authority to issue a consent notice

  1. Where a subdivision consent is granted subject to a condition to be complied with on a continuing basis by the subdividing owner and subsequent owners after the deposit of a survey plan (not being a condition in respect of which a bond is required to be entered into by the subdividing owner, or a completion certificate is capable of being or has been issued), the territorial authority shall, for the purposes of section 224, issue a consent notice specifying any such condition.

  2. Every consent notice must be signed by a person authorised by the territorial authority to sign consent notices.

  3. At any time after the deposit of the survey plan,—

  4. the owner may apply to a territorial authority to vary or cancel any condition specified in a consent notice:
    1. the territorial authority may review any condition specified in a consent notice and vary or cancel the condition.

      1. Sections 88 to 121 and 127(4) to 132 apply, with all necessary modifications, in relation to an application made or review conducted under subsection (3).

      2. Every consent notice shall be deemed—

      3. to be an instrument creating an interest in the land within the meaning of section 51 of the Land Transfer Act 2017, and may be registered accordingly; and
        1. to be a covenant running with the land when registered under the Land Transfer Act 2017, and shall, notwithstanding anything to the contrary in section 103 of the Land Transfer Act 2017, bind all subsequent owners of the land.

          1. Where a consent notice has been registered under the Land Transfer Act 2017 and any condition in that notice has been varied or cancelled after an application or review under subsection (3) or has expired, the Registrar-General of Land shall, if he or she is satisfied that any condition in that notice has been so varied or cancelled or has expired, make an entry in the register and on any relevant instrument of title noting that the consent notice has been varied or cancelled or has expired, and the condition in the consent notice shall take effect as so varied or cease to have any effect, as the case may be.

          Notes
          • Section 221(2): replaced, on , by section 123 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 221(3): replaced, on , by section 92(1) of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 221(3A): inserted, on , by section 92(1) of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 221(4)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 221(4)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 221(5): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 221(5): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 221(5): amended, on , by section 92(2) of the Resource Management Amendment Act 2005 (2005 No 87).