Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
240: Covenant against transfer of allotments
or “A rule that stops people from selling parts of their land without permission”
You could also call this:

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

When you get permission to divide up your land, sometimes you need to follow special rules. These rules might say you have to keep some pieces of land together. Here’s how it works:

The person in charge of land records won’t officially record the new land divisions until the special rules are followed.

Once the rules are followed, you can’t sell the pieces of land separately or get separate records for them without asking the local council first.

The person in charge of land records will write a note on the land record to say these special rules apply.

The local council can cancel these special rules at any time, even after the land division is officially recorded.

If the council cancels the rules, they need to tell the person in charge of land records. This person will then update the records to show the rules no longer apply.

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 It might be out of date or be missing some parts.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: 242: Prior registered instruments protected

or “This law makes sure that agreements about land still work even when pieces of land are joined together.”
Next

Part 10 Subdivision and reclamations
Conditions as to amalgamation of land

241Amalgamation of allotments

  1. Where a subdivision consent includes a condition under section 220(1)(b) which requires, in accordance with section 220(2)(a), that land be held in a particular record of title,—

  2. the condition shall be endorsed on the survey plan; and
    1. the Registrar-General of Land shall not deposit the survey plan under the Land Transfer Act 2017 or in the Deeds Register Office, as the case may be; and
      1. in respect of a subdivision of the Crown, the Registrar-General of Land 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,—
          1. until he or she is satisfied that the condition has been complied with as fully as may be possible in the office of the Registrar-General.

        1. When a condition of the kind referred to in subsection (1), or a similar condition under the corresponding provision of any previous enactment, has been complied with,—

        2. the separate parcels of land included in the record of title in accordance with the condition shall not be capable of being disposed of individually, or of again being held under separate records of title, except with the approval of the territorial authority; and
          1. on the issue of the record of title, the Registrar-General of Land shall enter on the record of title a memorandum that the land is subject to this section.

            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 condition described in subsection (2).

            2. When a territorial authority cancels a condition 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 condition has been cancelled in whole or in part, and the Registrar-General of Land must note the records accordingly.

                Notes
                • Section 241(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 241(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 241(1)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 241(1)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 241(1)(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 241(1)(c): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 241(2): amended, on , by section 128(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 241(2)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 241(2)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 241(2)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 241(3): inserted, on , by section 128(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 241(4): inserted, on , by section 128(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 241(4)(b): replaced, on , by section 47 of the Resource Management Amendment Act 1997 (1997 No 104).
                • Section 241(4)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 241(4)(b): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).