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Resource Management Act 1991

Transitional provisions - Subdivision and development

403: Existing objections and appeals in relation to subdivisions

You could also call this:

"What happens to subdivisions if you already objected or appealed before this law started"

If you are subdividing land, some rules do not apply if the territorial authority refused to approve your plan before this Act started. This is because you had already objected to the refusal under section 299 of the Local Government Act 1974, or appealed under section 300 of that Act. You will still follow the rules in Parts 20 and 21 of the Local Government Act 1974 for your subdivision. These rules apply as if this Act had not been enacted, so you will not need to follow the new rules in section 11 or Part 10 for your subdivision.

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Environment and resources > Town planningHousing and property > Land use
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Part 15Transitional provisions
Subdivision and development

403Existing objections and appeals in relation to subdivisions

  1. Nothing in section 11 or Part 10 shall apply to any subdivision in respect of which, before the date of commencement of this Act,—

  2. the territorial authority has refused to approve a scheme plan of subdivision under sections 274 and 279(1)(f) of the Local Government Act 1974; and
    1. a right of objection under section 299 of that Act, or a right of appeal under section 300 of that Act, has been exercised by any person in respect of that refusal.

      1. Parts 20 and 21 of the Local Government Act 1974 shall continue to apply to any subdivision referred to in subsection (1) as if this Act had not been enacted.