Resource Management Act 1991

405 Transitional provisions for subdivisions

  • (1) For the purpose of subsections (2) and (3), the term district plan means a district plan or a proposed plan constituted under section 373 that has been publicly notified under the Town and Country Planning Act 1977 before the commencement of this Part.

    (2) Notwithstanding anything in section 374(3) or (4), in respect of any district plan—

    • (a) every subdivision of land that is contrary to the provisions of the district plan shall be deemed to be a non-complying activity in respect of that plan; and

    • (b) every subdivision of land which is subject to a discretion contained in the provisions of that district plan relating to the approval or refusal of a subdivision of land is deemed to be a discretionary activity in respect of that plan; and

    • (c) every other subdivision of land shall be deemed to be a controlled activity in respect of that plan.

    (3) Notwithstanding the provisions of subsection (2) or any provisions in a district plan, a subdivision of land to be effected by a grant of a cross lease or a company lease, or by the deposit of a unit plan, is deemed—

    • (a) to be a controlled activity in respect of a district plan—

      • (i) if the building or part of a building in respect of which the cross lease or company lease is to be granted; or

      • (ii) if the units on the unit plan to be deposited—

      is or are intended to be used solely or principally for residential or commercial or industrial purposes, or any 2 or more such purposes; and

    • (b) to be a non-complying activity in respect of a district plan in every other case.

    (4) The application of this section may be excluded or modified at any time in accordance with Schedule 1.

    (5) This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373.

    Section 405: replaced, on 7 July 1993, by section 191 of the Resource Management Amendment Act 1993 (1993 No 65).