Resource Management Act 1991

Transitional provisions - Subdivision and development

408: Existing approvals for unit plans, cross lease plans, and company lease plans

You could also call this:

“This law says some old plans for sharing buildings and land are still okay to use, even with new rules.”

This law talks about some exceptions to rules about land and buildings. You don’t need to follow some parts of the law if certain things happened before this law started.

If you had a certificate for a unit plan before this law began, you can still deposit the plan and get a record of title for any unit on it. This is allowed even if it doesn’t follow section 11 or Part 10 of the law.

The same goes for cross lease plans. If you had a certificate for your plan before this law started, you can deposit the plan and get a record of title for a cross lease on a building or part of a building shown on that plan.

For company lease plans, if the Chief Surveyor approved your plan before this law began, you can deposit the plan and register or get a record of title for a company lease on a building or part of a building shown on that plan.

There’s also a special rule about subdividing land. If you got permission to subdivide between 1 October 1991 and 30 June 1992, you don’t have to follow section 224(f) of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240372.

Topics:
Housing and property > Land use
Government and voting > Local councils
Environment and resources > Town planning

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Part 15 Transitional provisions
Subdivision and development

408Existing approvals for unit plans, cross lease plans, and company lease plans

  1. Nothing in section 11 or Part 10 shall apply—

  2. to the deposit of a unit plan, or to the issue of a record of title for any unit on such a plan, where, before the date of commencement of this Act, a certificate has been given in respect of the plan under section 32(2)(a) of the Unit Titles Act 2010:
    1. to the deposit of a plan to give effect to the registration of a cross lease, or to the issue of a record of title for a cross lease in respect of a building or part of a building shown on a plan, where, before the date of commencement of this Act, a certificate has been given in respect of the plan under section 314 of the Local Government Act 1974:
      1. to the deposit of a plan to give effect to the grant of a company lease, or to the registration or issue of a record of title for a company lease in respect of a building or part of a building shown on a plan, where the plan is approved by the Chief Surveyor before the date of commencement of this Act.
        1. Nothing in section 224(f) shall apply to any subdivision of land for which a subdivision consent was granted on or after 1 October 1991 and on or before 30 June 1992.

        Notes
        • Section 408(1)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 408(1)(a): amended, on , by section 233(1) of the Unit Titles Act 2010 (2010 No 22).
        • Section 408(1)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 408(1)(c): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 408(2): inserted, on , by section 92(1) of the Building Act 1991 (1991 No 150).