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Resource Management Act 1991

Subdivision and reclamations - Approval and deposit of survey plans

228: Subdivision by the Crown

You could also call this:

“Government subdivides land and gets it approved”

When the government subdivides land, a survey plan is made. You need to get this plan approved by a territorial authority under section 223. The Chief Surveyor’s approval of the plan has the same effect as depositing the plan.

If the land is not already subject to the Land Transfer Act 2017, it will become subject to this Act. A record of title for the land can then be issued by the Registrar-General of Land. This can be done at the request of the Director-General of Conservation or the Surveyor-General.

Section 224 applies to the survey plan, and the Registrar-General of Land must follow its rules. The Registrar-General of Land cannot issue a record of title unless section 224 is followed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237248.

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Part 10 Subdivision and reclamations
Approval and deposit of survey plans

228Subdivision by the Crown

  1. Where a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017 has been approved by a territorial authority under section 223,—

  2. subject to subsection (2), the approval by the Chief Surveyor of the land district in which the land is situated of the survey plan of the subdivision has legal effect as if it were the deposit of a survey plan in accordance with section 224; and
    1. the land is then deemed to be subject to the Land Transfer Act 2017 and, subject to subsection (2), a record of title for the land may be issued by the Registrar-General of Land in the name of the Sovereign at the request of—
      1. the Director-General of Conservation if the land is a conservation area within the meaning of the Conservation Act 1987, or a reserve under the Reserves Act 1977, or a national park under the National Parks Act 1980, or a wildlife sanctuary or wildlife refuge under the Wildlife Act 1953; or
        1. the Surveyor-General or other officer authorised in writing by the Surveyor-General in every other case.

        2. Section 224 shall apply, with all necessary modifications, to a survey plan to which this section applies and 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 approved by a Chief Surveyor unless section 224 is complied with.

        Notes
        • Section 228(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 228(1): amended, on , by section 123(1) of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 228(1)(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 228(1)(b): editorial change made by the PCO, on , under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).
        • Section 228(1)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 228(1)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 228(1)(b)(i): amended, on , by section 123(2) of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 228(1)(b)(ii): amended, on , by section 123(3) of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 228(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 228(2): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).