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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:

"Rules for unit, cross lease, and company lease plans approved before the law changed"

If you have a unit plan, cross lease plan, or company lease plan, some rules do not apply to you. You might have got a certificate for your plan before this law started, under section 32(2)(a) of the Unit Titles Act 2010 or section 314 of the Local Government Act 1974. This means you can still deposit your plan or get a record of title.

If you have a company lease plan that was approved by the Chief Surveyor before this law started, the same rules do not apply to you. You can still deposit your plan or get a record of title. The Chief Surveyor's approval is important in this case.

If you got a subdivision consent between 1 October 1991 and 30 June 1992, some other rules do not apply to you, like section 224(f). This is a special case that has its own rules. You need to follow the rules that were in place when you got your consent.

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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 useHousing and property > Buying and selling homesEnvironment and resources > Town planning
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Part 15Transitional 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).