Section 218 — Resource Management Act 1991: Meaning of subdivision of land

218 Meaning of subdivision of land (1) In this Act, the term subdivision of land means— (a) The division of an allotment— (i) By an application to a District Land Registrar for the issue of a separate certificate of title for any part of the allotment; or (ii) By the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or (iii) by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or (iv) By the grant of a company lease or cross lease in respect of any part of the allotment; or (v) By the deposit of a unit plan, or an application to a District Land Registrar for the issue of a separate certificate of title for any part of a unit on a unit plan; or (b) An application to a District Land Registrar for the issue of a separate certificate of title in circumstances where the issue of that certificate of title is prohibited by section 226 ,— and the term subdivide land has a corresponding meaning. (2) In this Act, the term allotment means— (a) Any parcel of land under the Land Transfer Act 1952 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not— (i) The subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or (ii) A subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or (b) Any parcel of land or building or part of a building that is shown or identified separately— (i) On a survey plan; or (ii) On a licence within the meaning of Part 7A of the Land Transfer Act 1952 ; or (c) Any unit on a unit plan; or (d) Any parcel of land not subject to the Land Transfer Act 1952 . (3) For the purposes of subsection (2) , an allotment that is— (a) Subject to the Land Transfer Act 1952 and is comprised in one certificate of title or for which one certificate of title could be issued under that Act; or (b) Not subject to that Act and was acquired by its owner under one instrument of conveyance— shall be deemed to be a continuous area of land notwithstanding that part of it is physically separated from any other part by a road or in any other manner whatsoever, unless the division of the allotment into such parts has been allowed by a subdivision consent granted under this Act or by a subdivisional approval under any former enactment relating to the subdivision of land. (4) For the purposes of subsection (2) , the balance of any land from which any allotment is being or has been subdivided is deemed to be an allotment. Subsection (1)(a)(iii) was amended, as from 7 July 1993, by section 114(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ ; unless that part of the allotment is in the coastal marine area, and that lease is allowed for a term of 20 years or longer by a coastal permit or by a rule in a regional coastal plan; or ” for the expression “ ; or ” . Subsection (1)(a)(iii) was substituted, as from 1 August 2003, by section 69 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1)(a)(v) was amended, as from 7 July 1993, by section 114(2) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ the deposit of a unit plan, or ” . Subsection (2)(b) was amended, as from 1 July 1994, by section 4 Land Transfer Amendment Act 1993 (1993 No 124) by substituting the reference to “ Part 7A of the Land Transfer Act 1952 ” for a reference to “ Part 1 of the Companies Amendment Act 1964 ” . Subsection (4) was inserted, as from 17 December 1997, by section 39 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.