Subdivision of land
Subdivision of land is generally considered to be the division of an allotment into parts each with separate certificates of title, however there are other types of divisions of property. The division may be in two or three dimensions. 264
Section 11 of the Resource Management Act 1991 allows the subdivision of land unless the subdivision:
- Is expressly allowed by a resource consent; or
- Does not contravene a national environmental standard or a district rule (including a rule in a proposed district plan if there is one); and
- Is shown on a survey plan 265 deposited by the Registrar-General of Land or approved by the Chief Surveyor.
Section 11 of the Resource Management Act does not apply to Māori land (as defined in the Te Ture Whenua Maori Act 1993) unless that Act provides otherwise. Partitions of Māori freehold land within hapū are exempted from the subdivision controls of the Resource Management Act. All other partitions of Māori land are subject to the subdivision controls of the Resource Management Act. 266
In addition, Section 11 of the Resource Management Act does not apply to a subdivision which is effected by:
- The taking, transfer or disposal of part of an allotment under the Public Works Act;
- The establishment, change or cancellation of a reserve under the Te Ture Whenua Maori Act 1993;
- A transfer or a resumption under the State Owned Services Enterprises Act 1986;
- The vesting in or transfer or gift of any land to the Crown or any local authority or administering body for the purposes of the Conservation Act 1987;
- The transfer or gift of any land to Heritage New Zealand Pouhere Taonga Act 2014 or the Queen Elizabeth the Second National Trust Act 1977;
- Any transfer, exchange or other disposition of land under the Property Law Act 2007 provisions relating to access to landlocked land.
Territorial authorities (district and city councils) are responsible for managing subdivision 267 through the preparation of district plans and determination of subdivision consent applications.
This is the most common type of subdivision. See section 218 Resource Management Act 1991 for the full definition.
Survey plan has the meaning set out in the following paragraphs, in which cadastral survey dataset has the same meaning as in section 4 of the Cadastral Survey Act 2002: (a) survey plan means (i) a cadastral survey dataset of subdivision of land, or a building or part of a building, prepared in a form suitable for deposit under the Land Transfer Act 1952; and (ii) a cadastral survey dataset of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 1952: (b) survey plan includes (i)a unit plan; and (ii) a cadastral survey dataset to give effect to the grant of a cross lease or company lease.
Section 301 Te Ture Whenua Maori Act 1993
Section 31 Resource Management Act 1991
Last updated at 2:27PM on January 8, 2018