Resource Management Act 1991

Transitional provisions - Subdivision and development

404: Existing applications for approval

You could also call this:

"What happens to subdivision plans already sent in before this law started"

If you made an application for approval of a scheme plan of subdivision under section 275 of the Local Government Act 1974 before this Act started, and the territorial authority has not made a decision about it under section 279, then your application will be treated differently. Your application will be seen as an application for a subdivision consent under this Act. You will be treated as if you made your application on the day this Act started.

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403: Existing objections and appeals in relation to subdivisions, or

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


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405: Transitional provisions for subdivisions, or

"Rules for changing land use when subdividing land before new district plans are in place"

Part 15Transitional 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.