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Resource Management Act 1991

Transitional provisions - Subdivision and development

405: Transitional provisions for subdivisions

You could also call this:

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

When you subdivide land, you need to follow the rules in the district plan. The district plan is a plan that outlines how land can be used in a area, it can be found under section 373. You can think of it like a set of rules for what you can and can’t do with the land.

If you want to subdivide land in a way that goes against the district plan, it is considered a non-complying activity. If the plan says that the subdivision needs to be approved or refused, it is a discretionary activity. If it doesn’t say either of those things, it is a controlled activity.

There are some special cases where the rules are different, like when you are creating a cross lease or a company lease, or depositing a unit plan. In these cases, the subdivision is usually considered a controlled activity if it is for residential, commercial, or industrial purposes. But if it is for something else, it is a non-complying activity.

The rules in this section can be changed or excluded at any time, as outlined in Schedule 1. This section will stop applying in a district when the new district plan for that district comes into effect, unless the new plan was created 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 Housing and property > Land use
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"What happens to subdivision plans already sent in before this law started"

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Part 15 Transitional provisions
Subdivision and development

405Transitional provisions for subdivisions

  1. 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.

  2. Notwithstanding anything in section 374(3) or (4), in respect of any district plan—

  3. 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
    1. 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
      1. every other subdivision of land shall be deemed to be a controlled activity in respect of that plan.

        1. 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—

        2. 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
            1. if the units on the unit plan to be deposited—
            2. to be a non-complying activity in respect of a district plan in every other case.

              1. The application of this section may be excluded or modified at any time in accordance with Schedule 1.

              2. 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 , by section 191 of the Resource Management Amendment Act 1993 (1993 No 65).