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Resource Management Act 1991

Subdivision and reclamations - Approval and deposit of survey plans

226: Restrictions upon issue of certificates of title for subdivision

You could also call this:

"Rules for getting a title for subdivided land"

The Registrar-General of Land will not give you a record of title for a piece of land unless they are satisfied that certain conditions are met. You need to follow the rules in section 224 or get the plan approved by the Chief Surveyor for the purposes of section 228. The Registrar-General of Land must also check if the plan was deposited in accordance with other laws, such as the Local Government Act 1974 or the Unit Titles Act 2010.

If you are subdividing land, the territorial authority must give a certificate saying the plan meets their requirements. This certificate must be signed by the principal administrative officer or another authorised officer. The certificate says the plan is in line with the district plan or the proposed district plan.

Nothing in section 11 applies to the issue of a record of title under these conditions. This means that section 11 does not affect how the Registrar-General of Land issues a record of title for subdivided land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237238.

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Part 10Subdivision and reclamations
Approval and deposit of survey plans

226Restrictions upon issue of certificates of title for subdivision

  1. The Registrar-General of Land shall not issue a record of title for any land that is shown as a separate allotment on a survey plan (being a record of title issued to give effect to the subdivision shown on that survey plan), unless he or she is satisfied, after due inquiry, that—

  2. the plan has been deposited in accordance with section 224 or has been approved by the Chief Surveyor for the purposes of section 228 and the provisions of section 228(2) have been complied with; or
    1. the plan has been deposited in accordance with section 306 of the Local Government Act 1974 or was a Crown plan to which section 306(7) of the Local Government Act 1974 applied; or
      1. the plan has been approved under Part 25 of the Municipal Corporations Act 1954; or
        1. the plan has been approved under Part 2 of the Counties Amendment Act 1961; or
          1. the plan did not require the approval of the Council under Part 2 of the Counties Amendment Act 1961 and was deposited under the Land Transfer Act 2017 after the said Part 2 came into force; or
            1. the plan has been deposited in accordance with the Unit Titles Act 2010; or
              1. the record of title is issued to enable effect to be given to any agreement for sale and purchase or agreement to lease or other contract to create an interest in land or a building or part of a building made before the commencement of this Act; or
                1. the territorial authority has given a certificate signed by the principal administrative officer or other authorised officer to the effect—
                  1. that there is no district plan for the area to which the survey plan relates, and that the allotment is in accordance with the requirements and provisions of the proposed district plan; or
                    1. that the allotment is in accordance with the requirements and provisions of the district plan and the proposed district plan (if any) for the area to which the survey plan relates; or
                      1. that the allotment is in accordance with a permission or permissions granted under Part 2 or Part 4 of the Town and Country Planning Act 1977.

                      2. Nothing in section 11 shall apply to the issue of a record of title pursuant to subsection (1).

                      Notes
                      • Section 226 heading: amended, on , by section 120 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 226(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 226(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 226(1)(ba): inserted, on , by section 120 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 226(1)(bb): inserted, on , by section 120 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 226(1)(bc): inserted, on , by section 120 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 226(1)(bc): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 226(1)(c): amended, on , by section 233(1) of the Unit Titles Act 2010 (2010 No 22).
                      • Section 226(1)(d): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                      • Section 226(1)(e): amended, on , by section 72 of the Resource Management Amendment Act 2003 (2003 No 23).
                      • Section 226(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).