Resource Management Act 1991

Transitional provisions - Subdivision and development

406: Grounds of refusal of subdivision consent

You could also call this:

"Reasons the council can say no to dividing land into smaller parts"

When you want to divide a piece of land into smaller parts, you need to get consent from the territorial authority. They may refuse to give you consent if they think the land is not suitable for subdivision. They may also refuse if they think the subdivision would not be good for the public.

The territorial authority may refuse consent if the subdivision does not have adequate provision for things like stormwater drainage, sewage disposal, or water and electricity supply. However, this rule about water and electricity supply does not apply if the land is going to be used mainly for rural purposes.

There is a time limit on when this rule applies, which is until the proposed district plan for the area becomes operative, except in certain cases as outlined in section 373.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240365.

Topics:

Housing and property > Land useEnvironment and resources > Town planning

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

"Rules for esplanade reserves when land is subdivided or a road is stopped"

407: Subdivision consent conditions, or

"Rules for what conditions councils can impose when you want to subdivide land"

Part 15Transitional provisions
Subdivision and development

406Grounds of refusal of subdivision consent

Notwithstanding anything to the contrary in Parts 6 or 10, a territorial authority—
may refuse to grant a subdivision consent if it considers that either—
1. the land in respect of which the subdivision is proposed is not suitable; or
2. the proposed subdivision would not be in the public interest:
may refuse to grant a subdivision consent if in the case of any allotment in respect of which a subdivision consent is sought, adequate provision has not been made or is not practicable—
1. for stormwater drainage; or
2. for the disposal of sewage; or
3. except in the case of any allotment to be used solely or principally for rural purposes, for the supply of water or electricity.

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 406(1)(a): amended, on 1 August 2003, by section 91 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 406(2): inserted, on 7 July 1993, by section 192 of the Resource Management Amendment Act 1993 (1993 No 65).