Section 11 — Resource Management Act 1991: Restrictions on subdivision of land
Text of the provision Official document
11 Restrictions on subdivision of land (1) No person may subdivide land, within the meaning of section 218 , unless the subdivision is— (a) Expressly allowed by a rule in a district plan and in any relevant proposed district plan or a resource consent, and a survey plan relating to the subdivision has in accordance with Part 10 — (i) Been deposited by a District Land Registrar or a Registrar of Deeds; or (ii) In the case of a subdivision by or on behalf of a Minister of the Crown, been approved by the Chief Surveyor for the purposes of section 228 ; or (b) Effected by the acquisition, taking, transfer, or disposal of part of an allotment under the Public Works Act 1981 (except that, in the case of the disposition of land under the Public Works Act 1981 , each existing separate parcel of land shall, unless otherwise provided by that Act, be disposed of without further division of that parcel of land); or (c) Effected by the establishment, change, or cancellation of a reserve under section 338 of the Maori Land Act 1993 ; or (ca) Effected by a transfer under section 23 of the State-Owned Enterprises Act 1986 or a resumption under section 27D of that Act; or (cb) Effected by any vesting in or transfer or gift of any land to the Crown or any local authority or administering body (as defined in section 2 of the Reserves Act 1977 ) for the purposes (other than administrative purposes) of the Conservation Act 1987 or any other Act specified in Schedule 1 to that Act; or (cc) Effected by transfer or gift of any land to the New Zealand Historic Places Trust or the Queen Elizabeth the Second National Trust for the purposes of the Historic Places Act 1993 or the Queen Elizabeth the Second National Trust Act 1977 ; or (d) Effected by any transfer, exchange, or other disposition of land made by an order under subpart 3 of Part 6 of the Property Law Act 2007 (which relates to the granting of access to landlocked land). (2) Subsection (1) does not apply in respect of Maori land within the meaning of the Maori Land Act 1993 unless that Act otherwise provides. Subsection (1)(a) was amended, as from 7 July 1993, by section 9(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ and in any relevant proposed district plan ” . Subsection (1)(c) was amended, as from 7 July 1993, by section 9(2) Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “ , or a resumption under section 27D of the State-Owned Enterprises Act 1986 ” . The reference in subsection (1)(c) to “ section 338 of the Maori Land Act 1993 ” has been substituted, as from 1 July 1993, for a reference to “ section 439 of the Maori Affairs Act 1953 ” pursuant to section 362(2) Te Ture Whenua Maori/Maori Land Act 1993 (1993 No 4). Subsection (1)(ca), (cb), and (cc) were inserted, as from 7 July 1993, by section 9(3) Resource Management Amendment Act 1993 (1993 No 65). Section 11(1)(d): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91). Subsection (2) was amended, as from 7 July 1993, by section 9(4) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ Maori Land Act 1993 ” for the words “ Maori Affairs Act 1953 ” .
Official source: legislation.govt.nz
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