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Resource Management Act 1991

Subdivision and reclamations - Approval and deposit of survey plans

224: Restrictions upon deposit of survey plan

You could also call this:

“A survey plan can only be deposited if it meets specific legal requirements and has proper approvals.”

You can’t deposit a survey plan for subdividing land unless certain conditions are met. These conditions include:

  1. If any land on the plan will belong to the government or local council, everyone who owns or has rights to that land must agree to the subdivision in writing.

  2. The local council must give a certificate saying they’ve approved the plan and that all the conditions for the subdivision have been met, or that there are proper agreements in place for any conditions that haven’t been met yet.

  3. If there are any ongoing conditions for the land, a notice about these must be given to the land registry office.

  4. For apartment buildings, the rules in the Unit Titles Act 2010 must be followed.

  5. For buildings that will be owned by multiple people or companies, the local council must check that the buildings follow the building code rules.

  6. If the plan shows an esplanade strip (a piece of land next to the sea, a river, or a lake), a document creating this strip must be given to the land registry office.

  7. The plan must be deposited within 3 years of the local council approving it.

These rules help make sure that when land is divided up, everything is done properly and legally.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237221.

Topics:
Housing and property > Buying and selling homes
Housing and property > Land use
Environment and resources > Town planning
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“The local council checks and approves maps of divided land to make sure they follow the rules.”

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“You can agree to sell land or a building before the survey plan is officially registered, but there are rules to protect buyers.”

Part 10 Subdivision and reclamations
Approval and deposit of survey plans

224Restrictions upon deposit of survey plan

  1. No survey plan shall be deposited for the purposes of section 11(1)(a)(i) or (iii) unless—

    1. where land shown on the survey plan will vest in the Crown or a territorial authority, there is endorsed on the survey plan or deposited with the Registrar-General of Land, written consent to the subdivision given by—
      1. in the case of land subject to the Land Transfer Act 2017, every registered owner of an interest, including any encumbrance, in the land; or
        1. in the case of land not subject to that Act, every person having an interest, including any encumbrance, in the land that is evidenced by an instrument registered under the Deeds Registration Act 1908; and
        2. there is lodged with the Registrar-General of Land a certificate signed by the chief executive or other authorised officer of the territorial authority stating that it has approved the survey plan under section 223 (which approval states the date of the approval), and all or any of the conditions of the subdivision consent have been complied with to the satisfaction of the territorial authority and that in respect of such conditions that have not been complied with—
          1. a completion certificate has been issued in relation to such of the conditions to which section 222 applies:
            1. a consent notice has been issued in relation to such of the conditions to which section 221 applies:
              1. a bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)(b); and
              2. there is lodged for registration with the Registrar-General of Land a consent notice in respect of any conditions of a kind referred to in paragraph (c)(ii); and
                1. in relation to any unit plan, the requirements of the Unit Titles Act 2010 relating to the deposit of a unit plan have been complied with; and
                  1. in the case of a subdivision of land to be effected by the grant of a cross lease or company lease, or by the deposit of a unit plan, the territorial authority is satisfied on reasonable grounds that every existing building or part of an existing building (including any building or part thereof under construction) to which the cross lease, company lease, or unit title plan relates complies with or will comply with the provisions of the building code described in section 116A of the Building Act 2004, and a certificate signed by a person authorised by the territorial authority to sign such certificates is lodged with the Registrar-General of Land; and
                    1. where land is shown upon the survey plan to be subject to an esplanade strip, there is lodged for registration with the Registrar-General of Land an instrument creating that strip; and
                      1. less than 3 years has elapsed since the territorial authority approved the plan under section 223.

                        Notes
                        • Section 224: amended, on , by section 14 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
                        • Section 224: amended, on , by section 124(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 224(a): repealed, on , by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).
                        • Section 224(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 224(b)(i): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                        • Section 224(b)(ii): amended, on , by section 119(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 224(c): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 224(c): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                        • Section 224(c): amended, on , by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).
                        • Section 224(c): amended, on , by section 119(2)(a) of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 224(c)(iii): amended, on , by section 42(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                        • Section 224(d): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 224(d): amended, on , by section 119(2)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 224(e): amended, on , by section 233(1) of the Unit Titles Act 2010 (2010 No 22).
                        • Section 224(e): amended, on , by section 119(2)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 224(f): replaced, on , by section 119(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 224(f): amended, on , by section 124(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 224(f): amended, on , by section 14(2) of the Building Amendment Act 2005 (2005 No 31).
                        • Section 224(f): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
                        • Section 224(f): amended, on , by section 42(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                        • Section 224(g): inserted, on , by section 119(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 224(g): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 224(g): amended, on , by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).
                        • Section 224(h): inserted, on , by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).