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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:

“This law explains what happens when someone has already complained about a council's decision on splitting up land before the new rules started.”

If you had started a subdivision before this law came into effect, and the local council said no to your plans, you might have been able to object or appeal their decision. If you did object or appeal, this law says that the new rules in section 11 and Part 10 don’t apply to your subdivision.

Instead, the old rules from the Local Government Act 1974 will still be used for your subdivision. This means that even though there’s a new law, your subdivision will be treated under the old rules that were in place when you first objected or appealed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240356.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
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402: Existing subdivision approvals, or

“Old rules still apply to subdivisions that were already approved before the new law started”

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404: Existing applications for approval, or

“ This explains how old requests for subdivision plans are handled under the new law. ”

Part 15 Transitional 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.