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241: Amalgamation of allotments
or “Rules for joining separate pieces of land together into one property”
You could also call this:

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

This law protects existing legal rights when land is combined or restricted. If you agree not to sell some land without approval, or if you combine it with other land, any previous legal agreements about that other land still apply. This includes the right to sell, renew, or buy the land.

If the old agreement can’t be fully used because of the new restrictions, the law treats the restricted land as if it was always part of the other land. All rights, obligations, and legal claims on the other land now apply to the restricted land too.

The person in charge of land records will make a note about this on all relevant documents. If the old agreement was about a loan or debt secured by the land, it gets priority over any new loans or debts created after the land was combined or restricted.

If the land restrictions are later removed, the person in charge of land records will update the documents to show this.

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 It might be out of date or be missing some parts.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: 243: Survey plan approved subject to grant or reservation of easements

or “The law says you need special permission to change or remove certain rights to use someone else's land when splitting up property.”
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Part 10 Subdivision 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).