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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:

“Some lease rules don't apply to cross leases, company leases, and retirement village leases”

When you deal with certain types of leases, some rules do not apply. These leases are called cross leases, company leases, and retirement village leases. You need to know what these are to understand the rules.

If you have a cross lease or company lease, and you want to update or replace it, you can do so without following some of the usual rules. This is because the lease was already in place before the law changed. The law says that if you had a lease before the law changed, you can still use the old rules.

The Registrar-General of Land is in charge of registering leases and giving out records of title. They will not register a lease for a retirement village unless a certificate is signed by the right person. This certificate says that the lease is for a retirement village.

When we talk about retirement village premises, we mean a place where people live, usually retirees. This place can have buildings and land, and it is where people live as retirees. You should know that the law uses this term to describe a specific type of living arrangement.

If you want to register a lease or get a record of title for a retirement village, you have to follow the rules. The Registrar-General of Land has to make sure that the rules are followed. You can find more information about the law by looking at section 11 and other parts of the law.

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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:
Housing and property > Land use Housing and property > Renting
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226: Restrictions upon issue of certificates of title for subdivision, or

"Rules for getting a title for subdivided land"

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227: Cancellation of prior approvals, or

"What happens when an old land plan is replaced by a new one and the old approval is cancelled."

Part 10 Subdivision and reclamations
Approval and deposit of survey plans

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

  1. Nothing in section 11 or this Part shall apply—

  2. 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
      1. to which paragraph (b) or paragraph (c) of section 408(1) applies; or
      2. 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
        1. 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).

          1. 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.

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