Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
226A: Savings in respect of cross leases, company leases, and retirement village leases
or “This law protects certain old leases from new rules about land plans.”
You could also call this:

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

When you deposit a new survey plan for a piece of land, it can cancel the approval of an older survey plan for the same land. This happens even if the old plan was approved before this law started.

If the new plan only covers part of the land in the old plan, the old plan’s approval is only cancelled for that part.

There are some rules that still apply from the old plan. These are in section 221 and section 243 of this law, or similar rules from older laws.

This cancellation rule doesn’t apply to some special types of plans. It doesn’t work for unit plans, plans for certain types of leases mentioned in section 218(1)(a)(iii), cross leases, or company leases.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 228: Subdivision by the Crown

or “The government can split up land it owns and make it official without the usual paperwork.”
Next

Part 10 Subdivision and reclamations
Approval and deposit of survey plans

227Cancellation of prior approvals

  1. Where—

  2. before or after the date of commencement of this Act, a survey plan has been deposited under the Land Transfer Act 2017 or under any other authority or in the Deeds Register Office; and
    1. a survey plan of the same land is deposited in accordance with section 224,—
        1. the approval given to the first-mentioned survey plan on or before the date of deposit of the second-mentioned survey plan shall, except as to conditions to which sections 221, and 243 or the equivalent provisions of any former enactment apply,—
      1. be deemed to be cancelled; or
        1. where the land in the second-mentioned survey plan is part only of the land in the first-mentioned survey plan, be deemed to be cancelled so far as it relates to the land in the second-mentioned survey plan.

          1. Subsection (1) does not apply to the deposit of a unit plan, or to a survey plan which gives effect to the grant of a lease to which section 218(1)(a)(iii) applies, or a cross lease or company lease.

          Notes
          • Section 227(1): amended, on , by section 43 of the Resource Management Amendment Act 1997 (1997 No 104).
          • Section 227(1)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 227(2): inserted, on , by section 122 of the Resource Management Amendment Act 1993 (1993 No 65).