Section 220 — Resource Management Act 1991: Condition of subdivision consents

220 Condition of subdivision consents (1) Without limiting section 108 or any provision in this Part, the conditions on which a subdivision consent may be granted may include any one or more of the following: (a) Where an esplanade strip is required under section 230 , a condition specifying the provisions to be included in the instrument creating the esplanade strip under section 232 : (aa) A condition requiring an esplanade reserve to be set aside in accordance with section 236 : (ab) A condition requiring the vesting of ownership of land in the coastal marine area or the bed of a lake or river in accordance with section 237A : (ac) A condition waiving the requirement for, or reducing the width of, an esplanade reserve or esplanade strip in accordance with section 230 or section 405A : (b) Subject to subsection (2) , a condition that any specified part or parts of the land being subdivided or any other adjoining land of the subdividing owner be— (i) Transferred to the owner of any other adjoining land and amalgamated with that land or any part thereof; or (ii) Amalgamated, where the specified parts are adjoining; or (iii) Amalgamated, whether the specified parts are adjoining or not, for any purpose specified in a district plan or necessary to comply with any requirement of the district plan; or (iv) Held in the same ownership, or by tenancy-in-common in the same ownership, for the purpose of providing legal access or part of the legal access to any proposed allotment or allotments in the subdivision: (c) A condition that any allotment be subject to a requirement as to the bulk, height, location, foundations, or height of floor levels of any structure on the allotments: (d) A condition that provision be made to the satisfaction of the territorial authority for the protection of the land or any part thereof, or of any land not forming part of the subdivision, against erosion, subsidence, slippage, or inundation from any source (being, in the case of land not forming part of the subdivision, subsidence, slippage, erosion, or inundation arising or likely to arise as a result of the subdividing of the land the subject of the subdivision consent): (e) A condition that filling and compaction of the land and earthworks be carried out to the satisfaction of the territorial authority: (f) A condition requiring that any easements be duly granted or reserved: (g) A condition requiring that any existing easements in respect of which the land is the dominant tenement and which the territorial authority considers to be redundant, be extinguished, or be extinguished in relation to any specified allotment or allotments. (2) For the purposes of subsection (1)(b) — (a) Where any condition requires land to be amalgamated, the territorial authority shall, subject to subsection (3) , specify (as part of that condition) that such land be held in one certificate of title or be subject to a covenant entered into between the owner of the land and the territorial authority that any specified part or parts of the land shall not, without the consent of the territorial authority, be transferred, leased, or otherwise disposed of except in conjunction with other land; and (b) Land shall be regarded as adjoining other land notwithstanding that it is separated from the other land only by a road, railway, drain, water race, river, or stream. (3) Before deciding to grant a subdivision consent on a condition described in subsection (1)(b) , the territorial authority shall consult with the District Land Registrar as to the practicality of that condition. If the District Land Registrar advises the territorial authority that it is not practical to impose a particular condition, the territorial authority shall not grant a subdivision consent subject to that condition, but may if it thinks fit grant a subdivision consent subject to such other conditions under subsection (1)(b) which the District Land Registrar advises are practical in the circumstances. Subsection (1) was amended, as from 7 July 1993, by section 116 Resource Management Amendment Act 1993 (1993 No 65) by substituting para (a) and by inserting paras (aa), (ab), and (ac).