Resource Management Act 1991

228 Subdivision by the Crown

• (1) Where 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 1952 has been approved by a territorial authority under section 223,—

  • (a) subject to subsection (2), the approval by the Chief Surveyor of the land district in which the land is situated of the survey plan of the subdivision has legal effect as if it were the deposit of a survey plan in accordance with section 224; and

  • (b) the land is then deemed to be subject to the Land Transfer Act 1952 and, subject to subsection (2), a certificate of title for the land may be issued by the Registrar-General of Land in the name of Her Majesty the Queen at the request of—

    • (i) the Director-General of Conservation if the land is a conservation area within the meaning of the Conservation Act 1987, or a reserve under the Reserves Act 1977, or a national park under the National Parks Act 1980, or a wildlife sanctuary or wildlife refuge under the Wildlife Act 1953; or

    • (ii) the Surveyor-General or other officer authorised in writing by the Surveyor-General in every other case—

    as if section 16 of the Land Transfer Act 1952 applied.

  (2) Section 224 shall apply, with all necessary modifications, to a survey plan to which this section applies and the Registrar-General of Land shall not issue a certificate of title for any land that is shown as a separate allotment on a survey plan approved by a Chief Surveyor unless section 224 is complied with.

  Section 228(1): amended, on 7 July 1993, by section 123(1) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 228(1)(a): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 228(1)(b): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

  Section 228(1)(b)(i): amended, on 7 July 1993, by section 123(2) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 228(1)(b)(ii): amended, on 7 July 1993, by section 123(3) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 228(2): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).