Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Foundations - Duties and restrictions - Restrictions on land use and subdivision

18: Restrictions on subdivision

You could also call this:

"Rules for dividing land into smaller pieces"

Illustration for Planning Bill

You can subdivide land if it is shown on an authorised survey plan. You must also make sure the subdivision does not break any rules or is allowed by a planning consent. An authorised survey plan is a special plan that meets certain requirements. You need to follow the rules in the Land Transfer Act 2017 or other laws. There are different types of survey plans that can be used. These plans must be approved by the right people. This rule does not apply to Māori land, unless the Te Ture Whenua Maori Act 1993 says it does. You should check this act to see if it applies to your situation. This will help you understand what you can and cannot do with Māori land.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549900.

This page was last updated on — View changes

Topics:
Housing and property > Land useEnvironment and resources > Town planning
Previous

17: Restrictions on land use, or

"Rules for how you can use land"

Next

19: Subdivision authorised by certain other Acts not restricted, or

"Some land subdivisions are still allowed, even if they don't follow the usual rules."

Part 2Foundations
Duties and restrictions: Restrictions on land use and subdivision

18Restrictions on subdivision

  1. A person may subdivide land only if—

  2. the subdivision is shown on an authorised survey plan; and
    1. either—
      1. the subdivision does not contravene a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect; or
        1. the subdivision is expressly allowed by a planning consent.

        2. In this section, an authorised survey plan means any of the following:

        3. a survey plan of a subdivision prepared in a form suitable to deposit under the Land Transfer Act 2017 and deposited by the Registrar-General under clause 23 of Schedule 7:
          1. a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 2017 and approved by the Surveyor-General in accordance with clause 23 of Schedule 7:
            1. a survey plan that includes a unit plan and a survey data set giving effect to the grant of a cross-lease or company lease.

              1. This section does not apply to Māori land unless Te Ture Whenua Maori Act 1993 provides otherwise.