224 Restrictions upon deposit of survey plan

No survey plan shall be deposited for the purposes of section 11(1A)(b)(i) unless—

(a)
[Repealed]

(b)

where land shown on the survey plan will vest in the Crown or a territorial authority, there is endorsed on the survey plan or deposited with the Registrar-General of Land, written consent to the subdivision given by—

(i)

in the case of land subject to the Land Transfer Act 2017, every registered owner of an interest, including any encumbrance, in the land; or

(ii)

in the case of land not subject to that Act, every person having an interest, including any encumbrance, in the land that is evidenced by an instrument registered under the Deeds Registration Act 1908; and

(c)

there is lodged with the Registrar-General of Land a certificate signed by the chief executive or other authorised officer of the territorial authority stating that it has approved the survey plan under section 223 (which approval states the date of the approval), and all or any of the conditions of the subdivision consent have been complied with to the satisfaction of the territorial authority and that in respect of such conditions that have not been complied with—

(i)

a completion certificate has been issued in relation to such of the conditions to which section 222 applies:

(ii)

a consent notice has been issued in relation to such of the conditions to which section 221 applies:

(iii)

a bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)(b); and

(d)

there is lodged for registration with the Registrar-General of Land a consent notice in respect of any conditions of a kind referred to in paragraph (c)(ii); and

(e)

in relation to any unit plan, the requirements of the Unit Titles Act 2010 relating to the deposit of a unit plan have been complied with; and

(f)

in the case of a subdivision of land to be effected by the grant of a cross lease or company lease, or by the deposit of a unit plan, the territorial authority is satisfied on reasonable grounds that every existing building or part of an existing building (including any building or part thereof under construction) to which the cross lease, company lease, or unit title plan relates complies with or will comply with the provisions of the building code described in section 116A of the Building Act 2004, and a certificate signed by a person authorised by the territorial authority to sign such certificates is lodged with the Registrar-General of Land; and

(g)

where land is shown upon the survey plan to be subject to an esplanade strip, there is lodged for registration with the Registrar-General of Land an instrument creating that strip; and

(h)

less than 3 years has elapsed since the territorial authority approved the plan under section 223.

Section 224: amended, on 1 October 2009, by section 124(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 224(a): repealed, on 1 June 2002, by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 224(b): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 224(b)(i): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 224(b)(ii): amended, on 7 July 1993, by section 119(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 224(c): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 224(c): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 224(c): amended, on 1 June 2002, by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 224(c): amended, on 7 July 1993, by section 119(2)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 224(c)(iii): amended, on 17 December 1997, by section 42(1) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 224(d): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 224(d): amended, on 7 July 1993, by section 119(2)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 224(e): amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010 No 22).

Section 224(e): amended, on 7 July 1993, by section 119(2)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 224(f): replaced, on 7 July 1993, by section 119(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 224(f): amended, on 1 October 2009, by section 124(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 224(f): amended, on 14 April 2005, by section 14(2) of the Building Amendment Act 2005 (2005 No 31).

Section 224(f): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 224(f): amended, on 17 December 1997, by section 42(2) of the Resource Management Amendment Act 1997 (1997 No 104).

Section 224(g): inserted, on 7 July 1993, by section 119(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 224(g): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 224(g): amended, on 1 June 2002, by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Section 224(h): inserted, on 1 June 2002, by section 65(4) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).