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Resource Management Act 1991

Subdivision and reclamations - Approval and deposit of survey plans

227: Cancellation of prior approvals

You could also call this:

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

If you have a survey plan that was approved before, it might be cancelled. This happens when you deposit a new survey plan for the same land under the Resource Management Act 1991. The old approval is cancelled, except for some conditions that apply to sections 221 and 243.

When you deposit a new survey plan, the old approval is cancelled for the land in the new plan. If the new plan only covers part of the land in the old plan, the old approval is cancelled for that part. You can find more information about survey plans in the Land Transfer Act 2017.

There are some exceptions to this rule. If you deposit a unit plan or a survey plan for a lease, the old approval might not be cancelled. This also applies to cross leases or company leases, as stated in section 218(1)(a)(iii).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237245.

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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).