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Building Act 2004

Building - Building work—Project information memoranda and building consents - Limitations and restrictions on building consents: Construction of building on 2 or more allotments

83: Owner may apply for entry to be removed

You could also call this:

"You can ask to remove special rules from your land if your building is gone or the land boundaries change."

If you own a building that is on two or more pieces of land, you might need to follow special rules. You can ask the territorial authority to remove these rules if the building is removed or destroyed. You can also ask if the land boundaries are changed so the building is only on one piece of land.

If the territorial authority agrees, they will give you a certificate that you need to sign. This certificate must be checked by the territorial authority and then given to the Registrar-General of Land. The Registrar-General of Land will then update the records for the land.

The records that will be updated are the record of title for each piece of land and any mortgages or charges on the land. If a mortgage or charge was extended to include extra land, it will no longer apply to that extra land. You can also ask for the rules to be removed if they were applied by mistake, according to section 643(1) to (6) of the Local Government Act 1974 or sections 75 to 81.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306831.

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Part 2Building
Building work—Project information memoranda and building consents: Limitations and restrictions on building consents: Construction of building on 2 or more allotments

83Owner may apply for entry to be removed

  1. This section applies if—

  2. the requirements of sections 75 to 81 or the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactments were met to enable a building to be built on 2 or more allotments; and
    1. any of the following applies:
      1. the building is removed, demolished, or destroyed; or
        1. the boundaries of the allotments are adjusted in a manner that results in the building being contained entirely within the boundaries of 1 allotment; or
          1. circumstances have otherwise changed.

          2. The owner may apply to a territorial authority for approval for the entry under section 78 to be removed.

          3. If the territorial authority decides to approve the removal of the entry,—

          4. the decision of the territorial authority must be set out in a certificate that is—
            1. authenticated by the territorial authority; and
              1. signed by the owner; and
              2. the certificate must be lodged with the Registrar-General of Land.

                1. If a certificate referred to in subsection (3)(b) is lodged with the Registrar-General of Land, he or she must record an appropriate entry on—

                2. the record of title for each allotment or part of the allotment; and
                  1. any mortgage or charge whose application was extended to additional land under section 80.

                    1. If subsection (4)(b) applies, any mortgage or charge whose application was extended to additional land under section 80 ceases to apply to that additional land.

                    2. Repealed

                    3. Subsections (2) and (3) apply, with any necessary modifications, to any request by an owner of land if the requirements of section 643(1) to (6) of the Local Government Act 1974 or any previous enactment or sections 75 to 81 were applied in error.

                    Notes
                    • Section 83(4)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 83(4)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 83(5): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
                    • Section 83(6): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).