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Building Act 2004

Preliminary provisions - Interpretation - Meaning of allotment

10: Meaning of allotment

You could also call this:

“When a piece of land is divided into separate parts that can be owned”

In this law, an allotment means a piece of land. This land must be one continuous area, even if a road or something else splits it into parts. The boundaries of this land must be shown on a survey plan. This plan could be approved as part of a subdivision under the Resource Management Act 1991 or allowed by another law.

The land must also be one of two things. It could be land that’s covered by the Land Transfer Act 2017 and has one record of title, or could have one. Or, it could be land that’s not covered by that Act, but was bought by its owner in one go.

An allotment is still considered one continuous piece of land even if it’s split into parts by a road or something else. This is true unless the splitting was allowed by a subdivision consent under the Resource Management Act 1991 or an older law about dividing land.

When you’re subdividing land to create a new allotment, the leftover land is also considered part of the allotment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306323.

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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.

                Compare
                  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).