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Resource Management Act 1991

Transitional provisions - Subdivision and development

406: Grounds of refusal of subdivision consent

You could also call this:

“A council can say no to splitting up land if it's not good or safe for people, or if important things like water and sewage aren't sorted out.”

You need to know that a territorial authority can refuse to give you permission to subdivide land in certain situations. They can say no if they think the land isn’t suitable for subdivision or if they believe the subdivision wouldn’t be good for the public.

The authority can also refuse if they think there’s not enough provision for important things like stormwater drainage, sewage disposal, or water and electricity supply. The water and electricity rule doesn’t apply to land that’s mainly for rural use.

It’s important to understand that this rule will stop being used in a district once the proposed district plan for that area becomes active. This doesn’t include district plans 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=DLM240365.

Topics:
Housing and property > Land use
Environment and resources > Town planning
Government and voting > Local councils
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“Rules for when and how the council can put conditions on splitting up land”

Part 15 Transitional provisions
Subdivision and development

406Grounds of refusal of subdivision consent

  1. Notwithstanding anything to the contrary in Parts 6 or 10, a territorial authority—

  2. 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
      1. the proposed subdivision would not be in the public interest:
      2. 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
          1. for the disposal of sewage; or
            1. except in the case of any allotment to be used solely or principally for rural purposes, for the supply of water or electricity.

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