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Resource Management Act 1991

Subdivision and reclamations - Conditions as to amalgamation of land

242: Prior registered instruments protected

You could also call this:

"Protection for existing rules when land is combined"

When you amalgamate land, some rules apply to protect prior registered instruments. If other land is already subject to a registered instrument, and you amalgamate your land with it, the Registrar-General of Land will make a note on the records. This note says that your land is subject to the same rules as the other land.

If the instrument is a mortgage, charge, or lien, it will have priority over any other mortgages, charges, or liens registered after the amalgamation. The Registrar-General of Land will also make a note on the records to show this. You can find more information about this in section 240 and section 241 of the Resource Management Act.

When the Registrar-General of Land gets notification about the amalgamation, they will update the note on the records. This is in accordance with section 240(5) and section 241(4). The Registrar-General of Land will make sure the records are accurate and up to date.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM237617.

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Part 10Subdivision and reclamations
Conditions as to amalgamation of land

242Prior registered instruments protected

  1. Where—

  2. for the purpose of complying with a condition of a kind referred to in section 220(1)(b),—
    1. a covenant is registered in accordance with section 240, to the effect that specified land shall not, without the approval of the territorial authority, be transferred, leased, or otherwise disposed of except in conjunction with other land; or
      1. specified land is amalgamated in 1 record of title with any other land in accordance with section 241; and
      2. that other land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and
        1. that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of section 240(2) or section 241(2)—
            1. the specified land shall be deemed to be and always to have been part of the other land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on, that other land shall be deemed also to be rights and obligations in respect of, or encumbrances on, the specified land; and the Registrar-General of Land shall enter upon all relevant records of title a memorandum to the effect that the land therein is subject to this subsection.

          1. Where any instrument to which subsection (1) applies is a mortgage, charge, or lien, it shall be deemed to have priority over any mortgage, charge, or lien against the specified land which is registered subsequent to the issue of the record of title pursuant to section 241 or the registration of the covenant entered into pursuant to section 240, as the case may be; and the Registrar-General of Land shall enter upon all relevant records of title a memorandum to the effect that the land therein is subject to this subsection.

          2. Where a memorandum has been entered on a record of title under this section, and the Registrar-General of Land then receives notification pursuant to section 240(5) or section 241(4), the Registrar-General of Land shall note the memorandum accordingly.

          Notes
          • Section 242(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 242(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 242(1)(a)(ii): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 242(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 242(2): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 242(3): inserted, on , by section 129 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 242(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 242(3): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).