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Resource Management Act 1991

Transitional provisions - Subdivision and development

404: Existing applications for approval

You could also call this:

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

If you applied for approval of a subdivision plan before this law came into effect, and the local council hasn’t made a decision yet, your application will be treated differently. Your application will now be considered as if you applied for a subdivision consent under the new law. The council will treat it as if they received your application on the day this new law started. This means your application will follow the new rules, even though you applied under the old system.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240357.

Topics:
Environment and resources > Town planning
Housing and property > Land use
Government and voting > Local councils
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403: Existing objections and appeals in relation to subdivisions, or

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

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405: Transitional provisions for subdivisions, or

“Rules for splitting land into smaller pieces while old plans are still being used”

Part 15 Transitional provisions
Subdivision and development

404Existing applications for approval

  1. Where an application for approval of a scheme plan of subdivision has been made under section 275 of the Local Government Act 1974 before the commencement of this Act, and the territorial authority has not exercised its powers under section 279 of that Act in relation to the scheme plan, the application shall be deemed—

  2. to be an application for a subdivision consent under this Act and shall be dealt with accordingly; and
    1. to have been received by the territorial authority on the date of commencement of this Act.