Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Subdivision and reclamations - Conditions as to amalgamation of land

240: Covenant against transfer of allotments

You could also call this:

“A rule that stops people from selling parts of their land without permission”

When you want to divide your land into smaller parts, the council might ask you to make a promise not to sell or give away these parts separately. This promise is called a covenant. Here’s how it works:

You need to make this promise before the council will approve your plan to divide the land. Once you’ve made the promise, the council will put a note on your plan saying you’ve done so.

The person in charge of land records (called the Registrar-General of Land) won’t officially record your land division until you’ve registered your promise. This promise is considered a legal document that affects your land.

Your promise doesn’t just apply to you. It also applies to anyone who might own the land after you. However, the council can cancel this promise at any time, even after your land division plan has been officially recorded.

If the council does cancel your promise, they need to make a note of this. If your plan hasn’t been approved yet, they’ll write it on the plan. If your plan has already been approved or recorded, the council will tell the Registrar-General of Land, who will then update the official records.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237606.

Topics:
Housing and property > Land use
Government and voting > Local councils
Previous

239: Vesting of reserves or other land, or

“When a plan is approved, certain lands become owned by the local council or the government without any special papers needed.”

Next

241: Amalgamation of allotments, or

“Rules for joining separate pieces of land together into one property”

Part 10 Subdivision and reclamations
Conditions as to amalgamation of land

240Covenant against transfer of allotments

  1. Where a subdivision consent includes a condition under section 220(1)(b) which requires that the owner enter into a covenant with the territorial authority of the kind referred to in section 220(2)(a), the territorial authority—

  2. shall not approve the survey plan unless the owner has entered into such a covenant; and
    1. when the covenant has been entered into, shall endorse on the survey plan a certificate to this effect.

      1. Where a survey plan is endorsed with a certificate of the kind referred to in subsection (1)(b),—

      2. the Registrar-General of Land shall not deposit the survey plan under the Land Transfer Act 2017, and (in respect of a subdivision by the Crown) shall not issue a record of title for any separate allotment on a survey plan approved by the Chief Surveyor for the purposes of section 228; and
        1. the Registrar-General of Land shall not deposit the survey plan in the Deeds Register Office,—
            1. unless the covenant referred to in the certificate has been lodged for registration.

          1. Every covenant referred to in subsection (1) shall be in writing, be signed by the owner, be signed by the chief executive or other authorised officer of the territorial authority, and be deemed—

          2. to be an instrument capable of registration under the Land Transfer Act 2017 and, when so registered, to create in favour of the territorial authority an interest in the land in respect of which it is registered, within the meaning of section 51 of that Act; and
            1. to run with the land and bind subsequent owners.

              1. The territorial authority may at any time, whether before or after the survey plan has been deposited in the Land Registry Office or the Deeds Register Office, cancel, in whole or in part, any covenant imposed under this section or under the corresponding provision of any former enactment.

              2. When a territorial authority cancels a covenant in whole or in part, then—

              3. where the survey plan has not been approved by the Chief Surveyor, a memorandum of the cancellation shall be endorsed on the survey plan:
                1. where the survey plan has been approved by the Chief Surveyor or deposited, the territorial authority must forward to the Registrar-General of Land a certificate signed by the chief executive or other authorised officer of the territorial authority to the effect that the covenant has been cancelled in whole or in part, and the Registrar-General of Land must note the records accordingly.

                  Notes
                  • Section 240(2)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                  • Section 240(2)(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 240(2)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 240(3): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                  • Section 240(3): amended, on , by section 46(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                  • Section 240(3)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                  • Section 240(4): inserted, on , by section 127 of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 240(5): inserted, on , by section 127 of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 240(5)(b): replaced, on , by section 46(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                  • Section 240(5)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 240(5)(b): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).