Section 221 — Resource Management Act 1991: Territorial authority to issue a consent notice

221 Territorial authority to issue a consent notice (1) Where a subdivision consent is granted subject to a condition to be complied with on a continuing basis by the subdividing owner and subsequent owners after the deposit of a survey plan (not being a condition in respect of which a bond is required to be entered into by the subdividing owner, or a completion certificate is capable of being or has been issued), the territorial authority shall, for the purposes of section 224 , issue a consent notice specifying any such condition. (2) Every consent notice shall be authenticated by the territorial authority under section 252 of the Local Government Act 1974 . (3) At any time after the deposit of the survey plan,— (a) the owner may apply to a territorial authority to vary or cancel any condition specified in a consent notice: (b) the territorial authority may review any condition specified in a consent notice and vary or cancel the condition. (3A) Sections 88 to 121 and 127(4) to 132 apply, with all necessary modifications, in relation to an application made or review conducted under subsection (3) . (4) Every consent notice shall be deemed— (a) To be an instrument creating an interest in the land within the meaning of section 62 of the Land Transfer Act 1952 , and may be registered accordingly; and (b) To be a covenant running with the land when registered under the Land Transfer Act 1952 , and shall, notwithstanding anything to the contrary in section 105 of the Land Transfer Act 1952 , bind all subsequent owners of the land. (5) Where a consent notice has been registered under the Land Transfer Act 1952 and any condition in that notice has been varied or cancelled after an application or review under subsection (3) or has expired, the District Land Registrar shall, if he or she is satisfied that any condition in that notice has been so varied or cancelled or has expired, make an entry in the register and on any relevant instrument of title noting that the consent notice has been varied or cancelled or has expired, and the condition in the consent notice shall take effect as so varied or cease to have any effect, as the case may be. Subsection (3) was substituted, as from 10 August 2005, by section 92(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (3A) was inserted, as from 10 August 2005, by section 92(1) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (5) was amended, as from 10 August 2005, by section 92(2) Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ after an application or review ” for the words “ by any agreement ” . See sections 131 to 135 of that Act as to the transitional provisions.