Resource Management Act 1991

  • not the latest version
  • This version was replaced on 20 September 2017 to incorporate missing amendments from section 188 of the Resource Legislation Amendment Act 2017.

Part 10 Subdivision and reclamations

218 Meaning of subdivision of land

(1)

In this Act, the term subdivision of land means—

(a)

the division of an allotment—

(i)

by an application to the Registrar-General of Land for the issue of a separate certificate of title for any part of the allotment; or

(ii)

by the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or

(iii)

by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or

(iv)

by the grant of a company lease or cross lease in respect of any part of the allotment; or

(v)

by the deposit of a unit plan, or an application to the Registrar-General of Land for the issue of a separate certificate of title for any part of a unit on a unit plan; or

(b)

an application to the Registrar-General of Land for the issue of a separate certificate of title in circumstances where the issue of that certificate of title is prohibited by section 226,—

and the term subdivide land has a corresponding meaning.

(2)

In this Act, the term allotment means—

(a)

any parcel of land under the Land Transfer Act 1952 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not—

(i)

the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or

(ii)

a subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or

(b)

any parcel of land or building or part of a building that is shown or identified separately—

(i)

on a survey plan; or

(ii)

on a licence within the meaning of Part 7A of the Land Transfer Act 1952; or

(c)

any unit on a unit plan; or

(d)

any parcel of land not subject to the Land Transfer Act 1952.

(3)

For the purposes of subsection (2), an allotment that is—

(a)

subject to the Land Transfer Act 1952 and is comprised in 1 certificate of title or for which 1 certificate of title could be issued under that Act; or

(b)

not subject to that Act and was acquired by its owner under 1 instrument of conveyance—

shall be deemed to be a continuous area of land notwithstanding that part of it is physically separated from any other part by a road or in any other manner whatsoever, unless the division of the allotment into such parts has been allowed by a subdivision consent granted under this Act or by a subdivisional approval under any former enactment relating to the subdivision of land.

(4)

For the purposes of subsection (2), the balance of any land from which any allotment is being or has been subdivided is deemed to be an allotment.

Section 218(1)(a)(i): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 218(1)(a)(iii): replaced, on 1 August 2003, by section 69 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 218(1)(a)(v): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 218(1)(a)(v): amended, on 7 July 1993, by section 114(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 218(1)(b): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 218(2)(b)(ii): amended, on 1 July 1994, pursuant to section 3 of the Land Transfer Amendment Act 1993 (1993 No 124).

Section 218(4): inserted, on 17 December 1997, by section 39 of the Resource Management Amendment Act 1997 (1997 No 104).