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Planning Bill

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

19: Subdivision authorised by certain other Acts not restricted

You could also call this:

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

If a new law is passed, it will not stop some types of land subdivisions. You will still be able to subdivide land in certain situations, such as when land is taken or transferred under the Public Works Act 1981. This also applies to land being used for conservation purposes under the Conservation Act 1987. You can also subdivide land when it is being transferred to or from the government, or to organisations like Heritage New Zealand Pouhere Taonga. This new law will not affect land subdivisions that happen because of other laws, like the State-Owned Enterprises Act 1986 or the Property Law Act 2007. It will also not stop subdivisions that are allowed under laws like the Canterbury Property Boundaries and Related Matters Act 2016. The new law is trying to make sure that some land subdivisions can still happen, even if they do not follow the usual rules. You should know that this is a proposed change to the law, and it may affect how land can be subdivided in the future. It is trying to balance the need to control land use with the need to allow certain types of subdivisions to happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549901.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningHousing and property > Land use

18: Restrictions on subdivision, or

"Rules for dividing land into smaller pieces"

20: Certain existing land uses allowed, or

"You can keep using land in a way that was allowed before new rules started."

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

19Subdivision authorised by certain other Acts not restricted

Section 18 does not apply to a subdivision that is given effect to by—
the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 (except that each existing separate parcel of land disposed of under that Act must be disposed of without further division, unless otherwise provided for by that Act); or
the establishment of, a change to, or a cancellation of a reserve under section 338 of Te Ture Whenua Maori Act 1993; or
a transfer under section 23 or a resumption under section 27D of the State-Owned Enterprises Act 1986; or
a vesting, transfer, or gift of land—
1. in or to the Crown or any local authority or administering body (as defined in section 2(1) of the Reserves Act 1977) for the purposes (other than administrative purposes) of the Conservation Act 1987 or any Act specified in Schedule 1 of that Act; or
2. by the Crown in exchange for land received under subparagraph (i); or
an exemption under section 25A of the New Zealand Railways Corporation Restructuring Act 1990; or
a transfer or gift of land to Heritage New Zealand Pouhere Taonga or the Queen Elizabeth the Second National Trust for the purposes of the Heritage New Zealand Pouhere Taonga Act 2014 or the Queen Elizabeth the Second National Trust Act 1977; or
a transfer, exchange, or other disposition of land made by an order under subpart 3 of Part 6 of the Property Law Act 2007 (which relates to the granting of access to landlocked land); or
an exemption for boundary adjustments under section 10 of the Canterbury Property Boundaries and Related Matters Act 2016.