Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions - Subdivision and development

405: Transitional provisions for subdivisions

You could also call this:

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

A district plan is a plan or proposed plan that was made public under the Town and Country Planning Act 1977 before this part of the law started.

When it comes to subdividing land under a district plan:

If the subdivision goes against what the plan says, it’s treated as a non-complying activity.
If the plan says the council can decide whether to approve or refuse the subdivision, it’s treated as a discretionary activity.
Any other kind of subdivision is treated as a controlled activity.

There are special rules for subdividing land by granting a cross lease, company lease, or depositing a unit plan:

If the building or units are meant to be used mainly for homes, shops, or factories (or a mix of these), it’s treated as a controlled activity.
In all other cases, it’s treated as a non-complying activity.

These rules can be changed or removed using Schedule 1.

This section of the law will stop applying in a district when its new district plan becomes official, as long as it’s not a plan made under section 373.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240358.

Topics:

Environment and resources > Town planning

Environment and resources > Land use

Housing and property > Buying and selling homes

404: Existing applications for approval, or

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

405A: Transitional provisions for esplanade reserves where land subdivided or road stopped, or

“Rules for setting aside land near water when dividing property or closing roads”

Part 15 Transitional provisions
Subdivision and development

405Transitional provisions for subdivisions

For the purpose of subsections (2) and (3), the term district plan means a district plan or a proposed plan constituted under section 373 that has been publicly notified under the Town and Country Planning Act 1977 before the commencement of this Part.
Notwithstanding anything in section 374(3) or (4), in respect of any district plan—
every subdivision of land that is contrary to the provisions of the district plan shall be deemed to be a non-complying activity in respect of that plan; and
every subdivision of land which is subject to a discretion contained in the provisions of that district plan relating to the approval or refusal of a subdivision of land is deemed to be a discretionary activity in respect of that plan; and
every other subdivision of land shall be deemed to be a controlled activity in respect of that plan.

Notwithstanding the provisions of subsection (2) or any provisions in a district plan, a subdivision of land to be effected by a grant of a cross lease or a company lease, or by the deposit of a unit plan, is deemed—
to be a controlled activity in respect of a district plan—is or are intended to be used solely or principally for residential or commercial or industrial purposes, or any 2 or more such purposes; and
1. if the building or part of a building in respect of which the cross lease or company lease is to be granted; or
2. if the units on the unit plan to be deposited—
to be a non-complying activity in respect of a district plan in every other case.

The application of this section may be excluded or modified at any time in accordance with Schedule 1.
This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373.

Notes

Section 405: replaced, on 7 July 1993, by section 191 of the Resource Management Amendment Act 1993 (1993 No 65).