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Planning Bill

Planning consents - Nature of consents, commencement, duration and review

156: Consents not real or personal property

You could also call this:

"What happens to planning consents when someone dies or goes bankrupt"

Illustration for Planning Bill

You need to know that a planning consent is not real or personal property. When the holder of a consent dies, the consent goes to their personal representative. The personal representative can deal with the consent like the holder could. If the holder of a consent goes bankrupt, the consent goes to the Official Assignee. The Official Assignee can deal with the consent like the holder could. A consent must be treated as property under the Protection of Personal and Property Rights Act 1988. You can grant a charge over a planning consent like it is personal property. The Personal Property Securities Act 1999 applies to a planning consent like it is goods. This means the planning consent is treated as if it is situated in the area where the activity permitted by the consent can be carried out.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520724.

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Part 4Planning consents
Nature of consents, commencement, duration and review

156Consents not real or personal property

  1. A planning consent is neither real nor personal property.

  2. Unless the conditions of a consent expressly state otherwise,—

  3. on the death of the holder of a consent, the consent vests in the personal representative of the holder as if the consent were personal property, and the personal representative may deal with the consent to the same extent as the holder would have been able to do; and
    1. on the bankruptcy of an individual who is the holder of a consent, the consent vests in the Official Assignee as if it were personal property, and the Official Assignee may deal with the consent to the same extent as the holder would have been able to do; and
      1. a consent must be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988.

        1. The holder of a planning consent may grant a charge over that consent as if it were personal property, but the consent may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder.

        2. The Personal Property Securities Act 1999 applies in relation to a planning consent—

        3. as if the planning consent were goods within the meaning of that Act; and
          1. the planning consent were situated in the provincial district in which the activity permitted by the consent may be carried out (or, where it may be carried out in more than 1 provincial district, in those provincial districts); and
            1. subject to the provisions of this Act, and in particular to subsection (3).