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Building Act 2004

Preliminary provisions - Interpretation - Meaning of allotment

10: Meaning of allotment

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“What 'allotment' means: a piece of land with clear boundaries shown on a plan.”

When you hear the term ‘allotment’ in the Building Act 2004, it means a piece of land that is a continuous area. The boundaries of this land are shown on a survey plan, which might have been approved under the Resource Management Act 1991. This land is also subject to the Land Transfer Act 2017, which means it has one record of title.

You might wonder what happens if part of the allotment is separated from the rest by a road. In this case, it is still considered a continuous area of land, unless a subdivision consent has been granted under the Resource Management Act 1991. The allotment also includes any remaining land that has not been subdivided.

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Part 1 Preliminary provisions
Interpretation: Meaning of allotment

10Meaning of allotment

  1. In this Act, unless the context otherwise requires, allotment means a parcel of land—

  2. that is a continuous area of land; and
    1. whose boundaries are shown on a survey plan, whether or not as a subdivision—
      1. approved by way of a subdivision consent granted under the Resource Management Act 1991; or
        1. allowed or granted under any other Act; and
        2. that is—
          1. subject to the Land Transfer Act 2017 and comprised in 1 record of title or for which 1 record of title could be issued under that Act; or
            1. not subject to that Act and was acquired by its owner under 1 instrument of conveyance.

            2. For the purposes of subsection (1), an allotment is taken—

            3. to be a continuous area of land even if part of it is physically separated from any other part by a road or in any other manner, unless the division of the allotment into those parts has been allowed by a subdivision consent granted under the Resource Management Act 1991 or a subdivision approval under any former enactment relating to the subdivision of land:
              1. to include the balance of any land from which any allotment is being or has been subdivided.

                Notes
                • Section 10(1)(b)(i): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                • Section 10(1)(c)(i): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                • Section 10(2)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).