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Resource Management Act 1991

Subdivision and reclamations - Approval and deposit of survey plans

226A: Savings in respect of cross leases, company leases, and retirement village leases

You could also call this:

“This law protects certain old leases from new rules about land plans.”

This part of the law is about certain types of leases that are not affected by Section 11 and other parts of the Resource Management Act.

You can still register a new cross lease or company lease to replace an old one if the building plan was submitted before this law started or if it falls under specific exceptions. This also applies to leases for homes in retirement villages if the plan was submitted before the law began.

If you want to register a lease or get a record of title for a home in a retirement village with a plan from before this law, you need a signed certificate saying this rule applies.

For this law, retirement village premises are places where mostly retired people and their partners live.

The person in charge of land records can’t register a lease or give a record of title for a retirement village home unless there’s a signed certificate saying this rule applies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237241.

Topics:

Environment and resources > Land use

Housing and property > Renting

226: Restrictions upon issue of certificates of title for subdivision, or

“Rules for creating official property records when land is divided into smaller pieces”

227: Cancellation of prior approvals, or

“When a new survey plan is approved, it cancels the old one, except for some special rules.”

Part 10 Subdivision and reclamations
Approval and deposit of survey plans

226ASavings in respect of cross leases, company leases, and retirement village leases

Nothing in section 11 or this Part shall apply—
to the registration of a memorandum of cross lease or company lease, in renewal or in substitution for a cross lease or company lease, and the issue of a record of title therefor in respect of a building or part of a building shown on a plan—
1. deposited or lodged in the land registry office for cross lease or company lease purposes before the commencement of this Act; or
2. to which paragraph (b) or paragraph (c) of section 408(1) applies; or
to the registration of a lease of a residence within retirement village premises shown on a plan deposited before the commencement of this Act or the issue of a certificate of title therefor; or
to the renewal or substitution of a company lease in respect of a building or part of a building if the original company lease was in existence before the commencement of this Act (whether or not the renewal or substitution is part of the original company lease or a subsequent company lease).

The Registrar-General of Land shall not register a lease or issue a record of title for a residence within retirement village premises, in respect of a plan deposited before the commencement of this Act, unless a certificate is endorsed on the lease instrument, and signed by the lessor or by a Solicitor of the High Court, that subsection (1)(b) applies.
For the purposes of this section, retirement village premises means premises (including any land and associated buildings) within a complex of premises for occupation as residences predominantly by persons who are retired and any spouses or partners of such persons.

Notes

Section 226A: inserted, on 7 July 1993, by section 121 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 226A(1)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 226A(1)(b): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 226A(1)(c): inserted, on 1 August 2003, by section 73 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 226A(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 226A(2): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).